If you have been injured because of the carelessness of another individual or business, you are eligible by law to file a lawsuit to receive a fair settlement. Often, many people are confused by the entire process of filing a personal injury lawsuit, and they may fall victim to being short-changed by an insurance company. Normally before a lawsuit is filed, both parties set up a meeting to negotiate a settlement in an attempt to reach an amicable solution. However, these meetings usually go awry for a variety of reasons.
To begin, you and an insurance company might have different views about the severity of your personal injury, its long-term implications, and the value of the injury. In fact, an insurance company may even have a different view of who is liable for your injury. If no initial solution is formed through negotiation, the next step for you is litigation to receive compensation and damages for your injury.
Under Idaho’s state law, the process of starting a personal injury lawsuit is mainly straightforward. Although, here are the common steps that you will need to complete to successfully file your personal injury lawsuit.
File Your Complaint Quickly
In simple terms, a lawsuit is derived from the process of filing a complaint. A complaint basically outlines the factual and legal basis of your injury, while accusing a specific individual or business of being directly liable. When you partner with an attorney, your complaint will be drafted to specify the fullest extent of your injury. However, in your complaint, make sure that every detail pertaining to your injury is carefully laid out. This resolution is final, so you will want to ensure that the depth of your injury is understood in court.
Under state law, you are defined as the plaintiff, or simply the one seeking damages for your injury. The accused person is labeled as the defendant, or the individual the plaintiff claims is responsible for their injury. To proceed with a lawsuit, your complaint must be filed in the appropriate county courthouse. After this process, the court manually issues a summons to the defendant to respond to the complaint.
The Defendant Must Be Served
After you file your complaint within your county courthouse, the next step is locating the defendant and “serving” them a copy of the complaint. This step is important to ensure that the defendant knows about the lawsuit. Once the defendant has been “served,” he or she has 20 days to appear in court.
Eventually, the defendant will show up in court to respond to your complaint, in order to place the matter at issue. Following this, the matter develops into a lawsuit. Personal injury lawsuits usually take a great deal of time to resolve. This often forces both parties to settle the case and agree on compensation that’s fair. However, this action cannot be automatically counted upon, especially if no reasonable evidence is presented by the plaintiff.
In a primary Idaho state personal injury court, it can usually take 10-20 months for a lawsuit to be resolved. In some cases, these court appearances can take even longer. All in all, a jury will inevitably decide the validity of your case and determine if you should receive compensation. Therefore, make sure that you select an exceptional injury attorney to represent you with your personal injury lawsuit.