Reason For Each Step In Procedure For Filing Personal Injury Lawsuit

Once the potential plaintiffs have learned the reason for each step, that established procedure should seem less confusing.

Reason for first step: Filing complaint

The complaint explains both the legal and the factual basis for the lawsuit.

—It gives the name of the plaintiff and the defendant
—It names the court where the lawsuit has been filed

The complaint also explains the court’s jurisdiction, and gives the legal theories behind the stated allegations.

The amount of money demanded by the plaintiff gets stated in the complaint’s closing paragraph.

Completion of the next step gives the court jurisdiction over the defendant.

Someone must serve a copy of the complaint and summons on the defendant.

That step should be carried out within the 30 days that have followed the filing (Step #1).
By the same token, that step must be completed before the deadline, as stated in the statute of limitations.

An added step could be added between the second and the last steps.

Injury lawyer in Leamington knows that would involve obtaining alternative documents from court, if plaintiff’s earlier actions had fallen short of completion by the indicated deadline.

Plaintiffs that make a point of carrying out that added step manage to protect their right to sue the opposing party.

Reason for last step: Awaiting response from defendant

The defendant could admit to or deny the plaintiff’s allegations. Alternatively, the defendant could ask to have the case dismissed. A judge would have the authority to rule in favor of, or against the move for the case’s dismissal.

—If the judge were to rule against the dismissal, the court would schedule a discovery session, and then a trial.
—If the judge were to rule in favor of the dismissal, the plaintiff would lose his/her right to sue the other party.

How could any of the potential plaintiff’s actions work to prevent dismissal of the proposed case?

Plaintiffs must be careful to prevent creation of grounds for a move to dismiss the case.

—Plaintiffs should put adequate effort into collecting the relevant evidence.
—Plaintiffs must provide the court with proof for the existence of the essential elements of negligence.
—While any victim has a right to sue the opposing party, that right does not extend to the creation of frivolous lawsuits.

The legal system provides support to defendants.

—It makes sure that a case does not get accepted if there is no fresh evidence, or no clear recollections from any witnesses.
—It makes sure that the claim’s process for a personal injury claim does not move forward, if the plaintiff has not identified all of the essential elements of negligence.
—It prohibits utilization of the courts for hearings on frivolous lawsuits.