What To Do When A Personal Injury Claim Is Filed Against You



A notice for a personal injury claim will usually be sent via personal service or registered mail. If you receive a notice that you are being sued for a personal injury, ignoring it is the worst thing that you can do. It will undoubtedly worsen your case and judgment will automatically be rendered against you. Worse, the court will perceive that you slept on your right to due process and order you to pay the amount of the claim, coupled with the other costs.

Thus, if you receive a letter from the court that requests your appearance for a personal injury case, carefully examine the letter and review every detail of it. Ask a court staff for the procedures implemented in your state. Although the court staff cannot give you legal advice, you should be aware of these procedural matters. After this, you need to make your most important move: hiring a personal injury lawyer to defend you.

It is vital to have legal representation from someone who is knowledgeable on the field of personal injury law. Hiring a highly-skilled and efficient personal injury lawyer who has experience handling cases similar to yours will be of huge benefit to you and your defense as a personal injury lawyer will understand the entire claim process. It is worth putting in a lot of effort and carefully choosing your defense lawyer as your choice of personal injury defense lawyer can immensely affect the outcome of your case.

You can also try to settle the claim out of court. By doing so, you do not have to endure the troubles of going through a court litigation that takes time, money and effort from both sides. If you have reached a settlement with the plaintiff, make sure that the agreement is clear and practicable. There must also be a stipulation that the case against you shall be dismissed on the initiative of the other party. As a security on both parts, you might want to put it in writing and signed by both you and the plaintiff. A personal injury lawyer can help you prepare such a document and agreement.

Furthermore, you can opt for mediation. Mediation is the process wherein an impartial person will help both opposing parties in coming up with certain agreements that will close the case. The process of mediation will end once you and the plaintiff agree on mutually acceptable terms. If the out-of-court settlement and mediation fails, it becomes even more crucial to be defended by a personal injury lawyer. Having a personal injury lawyer by your side will help you be aware of other legal options you have. Only a skilled personal injury defense attorney can help you establish good defenses to disprove the personal injury claim being brought against you.

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