If you have not been able to settle your personal injury claim with the insurance adjuster, it will be necessary to file a lawsuit. To begin a lawsuit, your lawyer will prepare and file a Petition. The Petition must contain information about the parties to the lawsuit, the facts of the events (car wreck), the damage you have sustained, and the type of relief you are seeking (money damages). The Petition is filed with a filing fee and then the lawsuit is served on the defendant. The service is usually in person and can be by the local Sheriff’s office or a private process server. The Petition is accompanied by a summons, which contains the date by which an Answer must be filed and other information about the lawsuit.
A lawsuit must be filed with the appropriate court. In most instances this is where the collision occurred. However, there are other locations where the lawsuit may be filed, such as where the defendant does business, or where the defendant can be served with a copy of the Petition. The selection of the court where the lawsuit is filed is extremely important because some counties are more plaintiff friendly than others and the law of some states is better than others.
Frequently, the Petition is filed and served on the defendant along with written discovery. Examples of written discovery include Requests for Production (asking the defendant to produce copies of documents, photos, etc.) and Interrogatories (written questions for the defendant to answer under oath). Obtaining the discovery information early in the case is advantageous in preparing the case for trail.
If you or a loved one have been injures in an auto collision and would like more information about pursuing a personal injury claim, you can request a free copy of Mike’s book, Kansas & Missouri Auto Accident Victim’s Guidebook, by Kansas & Missouri Auto Accident Victim’s Guidebook or you can call Mike at 913-789-7477 to request a free consultation.