How to File a Personal Injury Lawsuit

You are probably reading this article because you have been injured in some way. You may have been in an automobile accident, injured on the job, injured by a physician or harmed in some other way. You have probably negotiated with an insurance company, or maybe just with the person who injured you, and negotiations have not worked. You are ready to file a lawsuit. How do you proceed?

Things You'll Need

• Collection of all medical bills Collection of employment records Collection of compensation records Any physician recommendations regarding surgery Computer

Instructions

How to File

1. Figure out the right court in which to file your lawsuit. Most of the time, you will file in the state court located in the county where the accident occurred. For example, if you were in an auto accident in County A of State B, you will file your lawsuit in State B's courthouse located in County A.

2. Collect all of your medical bills, and any employment records that can show the amount of wages or salary you have lost because of your injury. You will also want to gather any physical evidence of the accident, including pictures, videos and potential witnesses who can corroborate your version of the accident.

3. Total up your damages. Damages should include all of your medical bills, your potential future medical bills, lost income from being away from your job because of the injury, property damage, compensation for pain and suffering, and possibly punitive (i.e., punishment) damages.

4. Draft the Complaint. The Complaint is a formal legal document that outlines the basic facts of the accident, including the how, when, where and who relating to the accident. You will summarize your injuries and your claim for damages.

5. File your Complaint at the courthouse you located in Step 1. To file your Complaint, you simply need to print the Complaint out, sign it, and give it to a courthouse employee. The employee will take the Complaint and assign a judge and case number to it. You will probably have to pay a filing fee.

6. Serve a Summons and a copy of the Complaint on the defendants. A Summons is a formal notice to the defendants that you have filed a lawsuit against them. In most states, the Summons must be served by someone other than a party to the lawsuit, so you may have to hire a private process server, or the sheriff's office might serve the Summons.

Tips & Warnings

• Gather all your information before you draft and file the Complaint. You want to tell a story in the Complaint, and you want to make sure you claim enough damages to fully compensate you for all your losses, including all your pain and suffering.

• Drafting a complaint is the easiest part of the lawsuit. So if you struggle with this step, you should consider hiring a good attorney. If you expect the defendants to fight back, you should probably hire an attorney.

References

• Summons and Complaint
• Filing a Personal Injury Lawsuit