Personal injury claims aren’t always valid. There are instances where the at-fault party attempts to sue the victim for compensation. This is common in a car accident or similar case, as it can be hard to show who caused the accident. When someone finds out they are being sued for compensation, they will need to fight the case to avoid having to pay money to the other party. To do this, the first step should be to speak with a lawyer. Then, the lawyer and their client can go through the following steps.
Get More Information
A summons is typically the first step in a lawsuit and lets the client know that they’re being sued. When the summons is received, it’s crucial for the person to read through it completely and find out what’s going on. This is the time for the person to start working with a lawyer who can help with fighting a personal injury claim. The summons should contain information about the lawsuit, including what it’s for and what the petitioner requests for compensation.
Figure Out Deadlines
There are deadlines for responding to the summons. Missing this step could mean automatically losing the case, so it’s important to file an answer as soon as possible. In many cases, the deadline for filing an answer is as little as 20 days after the summons is received. A lawyer can help the client determine the right deadline for this and make sure it isn’t missed. Going forward in the case, there will be more deadlines to file motions or present evidence, so it is important to know what all of them will be to avoid missing one.
File an Answer
As soon as possible, and before the deadline, the client will need to file an answer to the summons. This basically states why the case is invalid or that it should be dismissed. It is not necessary in most cases to present evidence at this time, though sometimes it can help. When someone is working with a lawyer, they can get help writing and filing the answer. Getting legal assistance with this step helps ensure everything is done correctly, as mistakes can be a major problem later in the case.
Look Into Evidence
After filing an answer, it’s time to defend against the claims. More evidence is likely needed to help show that the original claim is invalid and prove how the accident occurred. A lawyer can help with gathering evidence from a variety of sources, keeping it organized and protected before it’s needed, and with presenting it in court if necessary. If there are any questions as to how an accident happened, the evidence can make a difference in the final results. It’s at this time the lawyer can also help their client form a defense against the claim, which can help with fighting the claim in court.
If you’ve received a summons for a personal injury claim, it’s important to take action fast if you’re planning on fighting it. The right action can make a difference in the outcome of the case. Start by getting more information and talking to a lawyer about the situation. They can help with every step of your defense and minimize the potential for you to lose the case by missing deadlines or not knowing what to say when filing an answer.
