Claimants that face some sort of challenge, when going after the compensation for a personal injury claim, have reason to consider the filing of a personal injury lawsuit. How should a claimant proceed, if he or she has decided to take such an action?
That particular claimant has 2 options. Claimants seeking a rather small compensation, such as an amount between $3000 and $15,000, might prefer to take their case to small claims court. However, if the claimant’s case has created hopes for a larger compensation, then it would make more sense to plan on scheduling a trial in a civil court.
First steps towards filing a lawsuit
File a personal injury complaint. Do that in a state civil court, not in a federal court. Select one of the courts in the area where the defendant resides, or in the area where the accident took place.
Claimants the do not have an injury lawyer in Waterloo should go online and look for a sample pleading/complaint. Once completed, that pleading should get taken to the courthouse. At that point, the court should ask the plaintiff/filer to pay a filing fee. The cost of that same fee normally falls in the range of $200 to $300.
Actions that work to ensure the arrival of a day for the trial
Obtain a copies of all the papers presented to the court, along with the complaint.
Serve on the defendant a copy of each paper, along with a summons to appear in court. Get proof of the fact that those same papers have been served on the defendant.
Provide the court with proof that you have served the required papers on the defendant.
Wait for the defendant’s response. A defendant that has failed to find basis in the plaintiff’s complaint might refuse to be a litigant.
Steps that precede the holding of a trial
The court schedules a discovery process. During the discovery, both sides reveal the extent of their collected evidence. In addition, the lawyer for each party gets to question witnesses. Hence, each party can judge the strength of the other party’s argument.
If either side feels that the opposing side appears likely to win during a court case, then the 2 sides could settle. If the opposing parties have not chosen to reach a settlement, then the court could schedule a trial.
Understand, though, that the scheduling of a trial does not guarantee the granting of an awarded compensation to the plaintiff by the jury. The 2 parties could agree on the terms of a settlement, while in the judge’s chambers. Still, the pursuit of a lawsuit does make possible the process that could lead to a jury’s decision, regarding compensation.