Law

Understanding a Personal Injury Lawsuit

If you suffered injuries and are unsure how to proceed with a lawsuit, first hire an attorney, then draft a complaint.

After completing the final draft of your complaint, you must file it with the clerk of courts. Your claim is then processed and a lawsuit is created.

Most cases are settled before they reach a courtroom, however, a complaint may go before a judge, depending on the severity of the case.

Stages of a Claim

There are multiple stages of a case before it goes to trial. The stages of a claim are the compliant phase, the answer phase, the discovery phase, and the motion phase.

Legal Terminology

To better understand what is happening in your case, it’s important to know basic legal terminology in a courtroom.

Litigation

Another word for litigation is a case or lawsuit.

Plaintiff

The plaintiff is the person who files a complaint to the courts. For example, if you file a complaint, you are the plaintiff.

Defendant

The defendant is the opposing party, or the one the complaint is filed against. For example, if you filed a complaint against a company because of injuries from a faulty product, they would be the defendant.

Damages

Damages is another term for compensation or awards a plaintiff receives for their injuries from the defendant.

Duty of Care

A business, company, or person has a duty of care, obligation or legal responsibility. If they do not provide duty of care, the law considers it neglect.

Negligence

Failure of an action that resulted in harm.

Statute of Limitations

The deadline in which a complaint should filed. Each state’s statute of limitations varies.

For example, in California, a plaintiff has two years from the date of the injuries occurred to file a complaint. If you’re injured, file a complaint immediately.

Compensation

The responsible party will have to pay for damages, such as medical bills, transportation from ambulance and, if negligence was determined in the case, they will have to compensate you for neglect.

Lawyer

Having an attorney present will not only help you win your case, but will help you understand the proceedings of your case. A burn injury attorney will help translate what happens before, after, and during the case.

Also, a lawyer knows the ins and outs of the law and can help you solidify your case. You can hire a burn injury attorney in Los Angeles or a city near you by searching for the most reputable, experienced law firm in your area.

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