Actions To Take When Filing Personal Injury Lawsuit

During the filing process, the plaintiff must share with the court and the defendant the basis for the presented case. The required actions are supposed to help those plaintiffs that are trying to satisfy the demand for such shared information.

Documents that each plaintiff must submit to court

A complaint: This is also known as a petition. It should give the legal and factual basis for the proposed lawsuit. All complaints must include an explanation of the court’s jurisdiction to hear the case.

Some jurisdictions also require submission of a summons: It should explain to the defendant why he or she is being served.

A filing fee, one that usually falls between $100 and $400, must be given to the court, along with the above documents.

Action to take within 30-60 days of filing complaint

Serve a copy of the complaint on the defendant; also serve copy of summons on defendant. If a plaintiff had failed to carry out that particular action, then the court could not claim jurisdiction over the target of the lawsuit (the defendant). Whenever a court’s jurisdiction over one or more defendants has not been guaranteed, then the same defendants occupy an area that is beyond the boundaries of the region where the same court’s ability to impose a judgment exists.

When should plaintiffs start the filing process?

Anyone that expects to file a personal injury lawsuit against a specific person, business or institution should seek out details on the statute of limitations in his or her state. Every personal injury lawsuit must be filed before a given deadline, the one that has been mentioned in the state’s statute of limitations, as per Personal Injury Lawyer in Edmonton.

In order to meet that deadline, all those hoping to file a personal injury lawsuit should initiate the needed actions well before the arrival of that same deadline. Courts do not honor any complaints that have been submitted after the state’s deadline.

What is the statute of limitations?

That is the amount of time that can pass from the date of a given accident until the date when any injured victim has the right to sue the person that is allegedly responsible for contributing to the occurrence of that same accident.

Sometimes, the start date for the statute of limitations comes after the date of the reported accident. It could be the date when the victim first discovered his or her injury. Alternately, it could be the date when the victim should have discovered his or her injury.

At times, the court might grant an extension of the statute of limitations. That extension would move the deadline, which is the last date for completion of the injured plaintiff’s plan to file a personal injury lawsuit.