How to File Court Papers for Medical Bills
In order to get compensation for medical bills incurred because of an accident, you must file a lawsuit against the party that caused the damage. The party could be an individual or a company. There are many types of personal injury lawsuits where you could get compensated for medical bills, including but not limited to car accidents, slips and falls, medical malpractice, truck accidents and motorcycle accidents.
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Instructions
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Filing on Your Own
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1
Draft a complaint. A complaint is the initial pleading in a lawsuit. It outlines the reasons you are suing the defendant. Set up the style of the pleading. This includes the court name (usually civil court), the plaintiff's name, defendant's name, a place for the case number (you will not receive a case number until the case is filed) and the title of the document ("Complaint").
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2
Create the foreword. A pleading's forward generally starts out: "COME NOW, the [YOUR NAME] ("Plaintiff") files this his Complaint and further states:" Each paragraph below this is numbered. If you have more than one cause of action, each cause of action should have its own section.
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3
Identify and outline jurisdiction. You must say what county and state you live in and where you suffered the injury. You must also, for each defendant listed, identify the county and state where the defendant lives or does business. If you are suing an individual, it is where the defendant lives. If the defendant is a business, you must say the county where the defendant does business.
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4
Outline the reasons you are suing the defendant. Each paragraph should be numbered and should contain one action. Paragraphs can expound on the action but should not be more than four to five sentences in length. In this section of the complaint, you are "telling the story" of what happened. Make sure it is accurate. If you are also requesting punitive damages, you must allege that the defendant was committing a heinous act when he injured you (in other words, it wasn't a normal, everyday accident---the doctor cut the wrong foot off, even after reading the chart; a criminal was running from the police and T-boned your car).
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5
Notarize the pleading. Create the other forms needed to file in the court. You will need a civil cover sheet. This tells the clerk what type of lawsuit you are filing. You will also need a summons. Your complaint cannot be served on the defendant without a summons.
Make two copies of all of the documents except the cover sheet. Paper clip the cover sheet to the original complaint---this is for the clerk of court. Clip the original summons to a copy of the petition. Clip the second copy of the summons to the top of the first summons. The last copy of the complaint is your copy. -
6
Start gathering all of the documents relating to the accident. You will need to provide the accident report (if applicable) and any medical bills. Even if the medical bills are unpaid at the time of production, you will need to provide them.
Wait for the defendant to answer the complaint. The court will notify you of the next step in the lawsuit--it will want you to provide the above-mentioned documentation and attend arbitration or mediation.
Filing With the Help of an Attorney
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7
Gather all documentation relating to the accident. Documentation includes pictures, medical bills, police reports and insurance documentation. Organize the documents in date order.
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8
Contact three personal injury attorneys. The type of personal injury attorney you contact will depend on the type of incident you were involved with. If you were were involved in a motorcycle accident, contact a personal injury attorney that specializes in motorcycle accidents. Other personal injury attorneys specialize in medical malpractice, slip and fall accidents, dog bite incidents or truck accidents.
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9
Set up a consultation with each attorney. Before your appointment, make a list of questions you may have. After you have met with each attorney, make a decision based on how comfortable you feel with the attorney, the attorney's expertise in the area and how the attorney handles his fees. Never choose an attorney based on fees alone. Most personal injury attorneys will not charge you for their services unless they win your case, but you may have to pay court costs up front. If you cannot handle a lump-sum court cost, ask the attorney if you can make payments.
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10
Set up an initial appointment with the attorney to go over the entire incident. He will need this information to draft a proper complaint. Bring copies of all of the documentation you gathered in Step 1. Make sure there is enough time scheduled in order to go through the entire incident with him.
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The attorney will file the lawsuit on your behalf. She will let you know when the suit is filed, as you may have to go into the office to sign documents (depending on the incident you are suing for).
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Tips & Warnings
If you are reading this article on behalf of a loved one who is incapacitated because of an accident or who was fatally injured in an accident, contact a personal injury attorney that deals with wrongful death cases.
