Even if you lived in a state with a no-fault car insurance system, you would find that the courts did not handle any cases where the damages fell below a certain level. Still, at some point in time, you might find it beneficial to file a personal injury lawsuit. How would you go about completing that process?
Purpose to filing a personal injury lawsuit
When you complete that process, then you let the court and the defendant know the basis for your case.
First step to process: Filing a complaint
• Identify the applicable legal theories
• State the nature of your demand; in a no-fault state, the demand would need to at least equal or be above a given figure.
• Close with your signature and the signature of your lawyer
• Pay a filing fee
Supplementary step to that first one: Creation of summons
• This should identify the parties to the litigation.
• This should also explain why the defendant is being served with a summons.
• The court’s representative should sign the summons.
Second step: Serving a copy of the complaint and summons on the defendant
Courts prefer to have service of the complaint and summons completed within 30 days of the date for the filing. Still, courts usually grant an extension of that time, if the plaintiff has discovered that he/she needs more time.
The summons should give the date, time and location for the scheduled trial. This step must be completed before the deadline that is given in the statute of limitations. Otherwise, the court will not honor the filed lawsuit.
The court seeks proof of the fact that the plaintiff has served a copy of the complaint and summons on the defendant.
Final step: waiting for the defendant’s response
Sometimes the defendant’s response consists of an admission or denial of the plaintiff’s allegations. That response tells the court to prepare for the next stage in the litigation process.
Sometimes the defendant’s response takes the form of a motion to dismiss. In that case, a judge must move on the motion. If the judge were to accept the motion, then that would bring an end to the lawsuit, according to personal injury lawyer in St. Albert.
What plaintiffs should note about the process
The courts do not make it easy for one person to sue someone else. In that way, the court system prevents creation of an unnecessary backlog. It also demonstrates an effort to be fair to both plaintiffs and defendants.
The court seeks to prevent the filing a frivolous lawsuit. It provides judges with the authority to support a request for dismissal of certain complaints. Yet judges do not accept every motion to dismiss. That fact helps to underscore the fairness of the entire process.