Today we are going to discuss how to file a personal injury lawsuit. Please contact Cantor Injury Law if you have any questions or concerns.
Auto accident claims typically settle without a lawsuit. However, you have the right to file a lawsuit if you can’t settle with the defendant. Below are the two major steps you need to file a personal injury lawsuit.
1. File The Complaint
The first step to a lawsuit is to file an official complaint. The complaint gives an overview of your case against the liable party. Below are some of the things to include in the complaint.
Identification
Identify the major parties to the complaint. Include yourself as the complainant and the liable party/parties as the defendant/defendants. The identification should include your respective names (legal names) and your addresses.
Case Facts And Elements
You should also identify the facts of the case. The relevant facts include:
- The rationale for the case jurisdiction.
- The date of the accident.
- The action of the defendant.
- A brief description of the accident.
- The rationale for the defendant’s liability.
- Your injuries.
- Your damages.
The case facts or elements should be factual and concise. Leave the arguments for later stages of the case, such as the discovery phase or trial.
Monetary Demand
After you have given a brief overview of your case, you should quote your demand. State the actual dollar amount you want the defendant to pay you.
Civil courts charge a nominal fee for filing lawsuits. The fee is typically in the range of a few hundreds of dollars. Note that you can include the fee in your demand. Depending on your case, the court may order the defendant to compensate for this fee if you win your case.
2. Serve The Defendant
Once you have paid the filing fee, you have to inform the defendant that you have filed a civil suit against them. Service of process is the process of informing the defendant about the lawsuit. Before you do that, however, a court official has to prepare the service papers, which include:
- A copy of your complaint.
- The summons requires the defendant to answer your case within a specific period.
Each state determines the rules and regulations that govern service of process. However, the following are some of the ways you can serve the defendant.
Local Sheriff
In this case, you pay a small fee to the local sheriff, and they deliver the service documents on your behalf. In Missouri, a deputy sheriff or clerk can act on behalf (and with the same authority) as the sheriff.
Registered Service
You can also use professional process servers to deliver the documents for a fee. Each state determines who can act as a process server. For example, Missouri specifies a minimum age of 21, formal training, and a high school diploma. Thus, you shouldn’t just pick anyone to act as your process server.
Certified Mail
Some states allow you to serve the defendant by certified mail that specifies a return receipt. That way, you can confirm that the defendant received the service papers. Note that Illinois only allows service by certified mail for claims that don’t exceed $10,000.
Substitute Service
You can also use a substitute service if you are unable to locate the defendant. Substitute service allows you to serve another person who lives in the same household as the defendant. For example, if the defendant leaves with their uncle, you can hand over the papers to the uncle if you can’t locate the defendant. You must do this at the defendant’s residence.
Every detail matters — you must follow the law to the letter when filing your lawsuit. Fortunately, the lawyers at Cantor Injury Law understand the process. We will help you get everything right. Contact us for a consultation for help with any personal injury case you may have.
We hope this post explaining how to file a personal injury lawsuit has been helpful to you. Again contact us with any questions or concerns about any personal injury case, including car accident and truck accident cases in St. Louis.
Personal Injury Lawsuits: FAQ
Q: How long does a personal injury lawsuit take?
A: The duration of a personal injury lawsuit can vary, typically ranging from several months to a few years. Factors like case complexity, evidence, and whether the case goes to trial all impact the timeline. The process starts with investigation and complaint filing, followed by the discovery phase where both sides share information. Many cases settle before trial, but if a trial is needed, it can extend the timeline. At Cantor Injury Law, we aim to resolve cases quickly while ensuring fair compensation.
Q: Are personal injury lawsuit settlements taxable?
A: Generally, personal injury lawsuit settlements are not taxable. Compensation for medical expenses, pain and suffering, and emotional distress is usually tax-free. However, exceptions include punitive damages and any interest included in the settlement, which are taxable. It’s important to consult a tax professional for specific advice. At Cantor Injury Law, we help you understand the tax implications of your settlement, ensuring you are well-informed.