When you suffer an injury as a result of another person’s negligence, it is important to know what steps you need to take to have your claim approved. In some cases, a lawsuit is filed immediately after the accident occurred. In other cases, a claim needs to be filed with the insurance company before a lawsuit can be filed. This is called the “dispute resolution process.” The dispute resolution process is different for each state because each state has its own set of laws for handling personal injury claims. In general, the dispute resolution process includes the following steps:
What is the discovery process in personal injury cases?
The discovery process is the process in which the injured person’s attorney will request information from the insurance company and other parties involved in the case. The primary purpose of the discovery process is to determine if there is a legal basis for the injured person’s claim and how much money will be recovered from the responsible party. The information that is collected during the discovery process will be used to file the lawsuit. The types of information that are typically gathered during the discovery process include the following:
- The date and location of the accident.
- The names and addresses of all people involved in the accident.
- The names and addresses of any witnesses to the accident.
- The amount of money that was paid to the injured person for medical expenses and lost wages.
- The amount of money that was paid to the injured person for any future medical expenses.
- The amount of money that was paid to the injured person for any future lost wages.
- The amount of money that was paid to the injured person for any future pain and suffering.
- The names, addresses, and telephone numbers of all people who have been deposed in the case.
- The names, addresses, and telephone numbers of all experts who have been hired to assist in the case.
- The names, addresses, and telephone numbers of any witnesses who will be called to testify at trial.
Once the lawsuit is filed, the opposing party will have to respond to the discovery request within the time period specified in the court’s rules. If the opposing party fails to respond to the request, the injured person may be awarded sanctions. Sanctions may include an order to have a deposition is taken or the payment of attorney’s fees. If the opposing party fails to comply with the discovery request, the injured person may also request that the court dismiss the case.
The Complaint
The Complaint is the first step in the lawsuit. The Complaint is a written statement that gives the injured person’s side of the story. It must be in the proper format and include the following information:
- The name of the injured person and the address of the injured person.
- The name and address of the person who caused the injury.
- The date and location of the accident.
- The name and address of any witnesses to the accident.
- The amount of money that was paid to the injured person for medical expenses and lost wages.
- The amount of money that was paid to the injured person for any future medical expenses.
- The amount of money that was paid to the injured person for any future lost wages.
- The amount of money that was paid to the injured person for any future pain and suffering.
- The names, addresses, and telephone numbers of all people who have been deposed in the case.
- The names, addresses, and telephone numbers of all experts who have been hired to assist in the case.
The Complaint must be signed under penalty of perjury. This means that if the injured person signs the Complaint, he or she is stating under penalty of perjury that the information contained in the Complaint is true. A Complaint that is not signed under penalty of perjury is not valid and may be thrown out by the court.
The Defendant’s Answer
The Defendant’s Answer is the response to the Complaint. The Defendant’s Answer must include the following information:
- The name of the person who is being sued.
- The address of the person who is being sued.
- The location of the accident, if applicable.
- The name and address of all witnesses who can testify about the accident.
- The defenses that the person is raising.
- The amount of money that the person is claiming as damages.
- The amount of money that the person is claiming for costs and attorney’s fees.
If the Defendant fails to file an answer, the Plaintiff can file a motion for a default judgment. A motion for a default judgment is a request to the court to enter a judgment in favor of the Plaintiff. A judgment is a court order that determines the outcome of a case.
The Plaintiff’s Request for Production of Documents
In some cases, the insurance company may not provide the information that is requested in the Complaint. In that case, the Plaintiff may request that the insurance company produce all documents that are related to the case. The Plaintiff may request the following information:
- All communications between the insurance company and the injured person.
- All communications between the insurance company and the Defendant.
- All communications between the insurance company and the Plaintiff.
- All communications between the insurance company and any expert witnesses who were hired to assist in the case.
The insurance company must produce the documents that are requested within a certain amount of time. If the insurance company fails to produce the documents, the Plaintiff may file a motion to compel. A motion to compel is a request to the court to force the insurance company to produce the documents.
The Defendant’s Request for Production of Documents
In some cases, the injured person may request that the Defendant produce documents related to the case. The documents that are related to the case include the following:
- The documents that were signed by the injured person when the insurance policy was purchased.
- The medical records that were created after the accident occurred.
- The medical bills that were incurred as a result of the accident.
- The employment records that were created before the accident occurred.
- The records of any payments that were made by the Defendant as a result of the accident.
- The records of any payments that were made by the Defendant on behalf of the injured person.
If the Defendant fails to produce the documents that were requested, the Plaintiff may file a motion to compel. A motion to compel is a request to the court to force the Defendant to produce the documents.
The Conclusion
The Conclusion is the last step in the lawsuit. The Conclusion is a written statement that gives the final decision of the case. It must be in the proper format and include the following information:
- The name of the injured person and the address of the injured person.
- The name and address of the person who caused the injury.
- The date and location of the accident.
- The name and address of any witnesses to the accident.
- The amount of money that was paid to the injured person for medical expenses and lost wages.
- The amount of money that was paid to the injured person for any future medical expenses.
- The amount of money that was paid to the injured person for any future lost wages.
- The amount of money that was paid to