Unless the holder of an insurance policy files a lawsuit, the insurance company determines who should be held liable for any given accident. Still, many men and women that purchase an insurance policy do not know how to file a lawsuit.
Step one in the filing process: Decide what court is appropriate.
If you do not plan to ask for more than $15,000, then you should use the small claims court. If you intend to seek a larger amount of money, then you need to use the civil court system.
File a personal injury complaint in the proper branch of your state’s civil court system.
That is usually the branch in the area where the accident took place. It might be the branch in the area where the defendant resides. Be ready to pay a filing fee, when you file the injury complaint. That fee should be about $200 to $300 as per an injury lawyer in Lincoln.
Prepare the documents that must be presented to the court, after you have filed the complaint.
These are called pleadings, and they should include a statement that asserts that you have chosen the proper jurisdiction. If you have hired a lawyer, then you can ask that member of the legal community to prepare the necessary documents. The prepared documents must be attached to the pleading.
Do not submit the pleading and other documents until you have obtained a copy of each of them. Share those copied documents with the defendant. Obtain proof of the fact that you have served those papers/copies on the defendant. If you cannot provide the court with that proof, you will not be able to move forward with the lawsuit. Submit to the court the pleading and the attached documents, those that have been shared with the defendant.
Actions to take after you have submitted all the required documents, and have served copies on the defendant.
Wait for the defendant to file an answer to the filed complaint. That answer will become a part of the court’s records, along with your pleading and the attached documents. Wait for the court to provide you with the date and time of your scheduled discovery session. The deposition takes place during the discovery session. It allows the defendant’s attorney to learn more about the reason that the plaintiff has chosen to sue the attorney’s client, the defendant.
The length of your wait could be determined by the court’s effort to schedule a large number of different cases. Do not get frustrated by the fact that it takes time to schedule a discovery session. Be sure to use your time wisely, while you wait to learn about the anticipated schedule. Spend that time preparing for your deposition.