Bringing a Personal Injury Claim to Court - Rasmusson Law Offices, PLLC

Personal injury claims cover a multitude of different types of cases. Claims range from auto accidents due to negligent drivers to companies misusing government funds. Each case is unique and sometimes complex. However, the general process of these claims remains relatively consistent. Understanding the process of personal injury claims from beginning to end can help provide some much-needed clarity throughout the process.

1. Consulting an Attorney

The first step in a personal injury claim is finding an experienced personal injury attorney. While you can represent yourself, it is not recommended. Some, but not all, attorneys offer free consultation. At this consultation you will review a lot of information like:

Details of the claim
Nature of the injuries and damages
Timeline of the incident
Evidence
Potential witnesses
Value of the claim
Plan of action
Goals of the claim

At Rasmusson Law Offices, PLLC we offer free consultations and work on a contingency fee basis. This means we do not ask for or accept retainers or deposits. We receive a percentage of the compensation received at the end of the claim. It is important that you discuss the fee arrangement with any attorney you meet with.

Trials can often be costly in monetary terms but more importantly they can take an emotional toll on the injured person and his/her/their family. Often times cases can be negotiated without the need for filing a lawsuit, however, in some situations insurers will not move beyond lowball offers and it becomes necessary to file a lawsuit.

2. Filing a Complaint

Photo of a gavel with the balanced scales of justice in the background as well as books. This is simply to designate that this is a law site.

After you have consulted and retained an attorney, they will likely take some time to do their own research and gather evidence. Once the attorney determines that your case is viable and ready, the next step is to file a Complaint with the Court. This is a formal document that initiates a lawsuit and it outlines the facts, legal basis, and damages you have sustained.

Once the Complaint is filed, the defendant (the party being sued) will be served with a copy of the Complaint & a Summons. There is a limit to the length of time they have to respond once they are served. They typically respond by denying the allegations and presenting their defenses.

It is important to note that you must file a Complaint within a certain amount of time from the incident. This deadline is referred to as the Statute of Limitations and can be found in the state code. Failing to file a lawsuit before the date outlined in the law means the claim is barred by the lapse of time regardless of the merits and cannot be pursued anymore.

Looking Forward

The initial stages of bringing a personal injury claim to Court are very important for the rest of the claim. Having a good foundation prior to filing a complaint allows for much better planning in the long run. Once the complaint is filed the rest of the process can feel very daunting. This is why having a reliable attorney is the best thing to do for your claim. Additionally, your attorney will know the rules of filing and can help navigate the process to avoid delays and roadblocks.

If you have been injured and are considering filing a personal injury claim, contact us today at (406) 549-3323 for a free consultation.