To get started, your personal injury attorney must file a legal complaint for you with the courts.
The complaint is a written statement from you, describing what happened, who you are seeking damages from, and why you are seeking damages. The court clerk signs a summons, which is served on the defendants with a copy of your complaint. The defendants are notified that you are suing them and that they have a limited time to file a response, called an answer or the defendant’s first pleading.
The answer identifies the defendants’ defense of your claims and sets forth any counterclaims they wish to assert against you. The answer must address each of your allegations. For each allegation, they may admit it, deny it, or claim that there is insufficient information to admit or deny it. A personal injury lawyer can help you during this time.
In some cases, the defendant may issue a response such as a motion to dismiss before the answer. If the motion fails, the defendant has two options:
- Proceed with filing an answer
- Choose to file no answer, which puts the defendant at risk of the entry of a default judgment against him or her
Once the answer is received, your case enters the discovery phase.
Several things may happen during pretrial discovery, according to the needs of your case. Depending upon your state or state laws, and whether you require a Florida truck accident lawyer or Georgia auto accident attorney – these discoveries may include gathering more information, identifying witnesses, holding depositions, and consulting expert witnesses.
For more information; please visit or Understanding Personal Injury section.
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