Commencing A Personal Injury Lawsuit
After retaining a personal injury lawyer, the lawer will take action on behalf of the client
. The first action the lawyer will take, is to file a summons and complaint in the appropriate county clerk's office. This is usually filed in the county where the incident occurred, but sometimes in some other country where either the injured, or even the person who caused the injuries resides.
After this act of filing is processed the complaint stops the legal clock. This was established by the applicable statute of limitations, it is also the time frame of after the incident and the legislature has adopted for filing the case. This specific deadline is very important because it cannot be extended by the courts. When the summons and complaint is filed it stops the clock.
Once the summons and complaint is served personally, or some other method of delivery to the defendant, it must be served within 120 days of filling. After this is accomplished, and the case has begun the statute of limitations is fulfilled and no longer significant. The person in a civil suit who makes the claim and files the complaint is known as the plaintiff.
Next, the person or entity who is being sued for causing the injury is known to us as the defendant. Let us begin with the complaint that was filed to start the case, it generally describes the claim. In the claim it state's exactly what the defendant did. It also states why it was wrong, and the general damages that it caused. This type of document intends to provide some kind of notice to the defendant of the claim itself.
When you look at the context, you will usually see only general ideas of what occurred, and when it occurred. It will generally not give all the specific facts that will eventually be proven at trial.
Some other devices that are used later in the discovery phase of the case provide the additional specifics that are required, which are not contained in the original complaint.
The summons is a short document that identifies the parties. It also summons the defendant to respond to answer to the complaint within a certain period of time. The period of time ranges from 20 to 30 days, depending on the method of service. This answer is for the document, the defendant serves upon the plaintiff's attorney to respond to the complaint. In the answer he or she can admit, deny or state that the defendant does not have enough information to admit or deny allegations made in the complaint. After the answer is served and filed by the defendant, the next step would be for the discovery phase to begin.
by: Billy Kite
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