A Complete Guide to File a Personal Injury Lawsuit!

Guide to File a Personal Injury Lawsuit

A personal injury lawsuit is your legal protection for making you get your logical compensation for your loss. Whenever you get injured physically, or your property gets damaged in an accident. If you feel your opposition is responsible for the accident, you can file a lawsuit against him. But there are some complications in this process too.

Table of Contents

Filing a Lawsuit

A personal injury lawsuit is a legal procedure for claiming compensation for your losses in an accident. The lawsuit is normally filed against the person who is responsible for the accident. For example, in a car accident, maybe the car driver was careless enough in his driving for what the accident happened.

In that case, you can file a personal injury lawsuit against the faulty driver to compensate for your losses. You can claim for your bodily injuries, property damages, out-of-pocket costs, medical expenses, sufferings and pains, and so on. Due to the accident, you might not join your work for some days.

So, you can also claim your wages for those missing days to your opposition party. But it is better to go for a personal injury claim first rather than a personal injury lawsuit. The lawsuit involves legal issues that are often troublesome and time-consuming.

A personal injury claim is better because it brings about a solution through negotiation between you and the faulty driver’s insurance company. In case of a lawsuit, you will directly contact the opposition party, but you negotiate with the party’s insurance company in a personal injury claim.

Most of the time, you do not need any lawyer in a personal injury claim, but a professional lawyer is a must in case of a lawsuit. But when the negotiation in a personal injury claim fails to reach a satisfactory settlement, you can go for a personal injury lawsuit.

As it is comparatively expensive and time-consuming, people, most of the time, choose to avoid it as far as they can. But the lawsuit provides you a sure and permanent solution ever.

Process of Filing a Personal Injury Lawsuit

It has previously been mentioned that when the negotiation in a personal injury claim does not work out, people go for a personal injury lawsuit. You can file a lawsuit against the opposition party for any accidents if you feel that he might betray you.

A lawsuit is basically a legal document where you have to file your written form complaints to the court. You have to follow some specific processes to file your personal injury lawsuit in the right way. You can follow the following steps while filing your case in court:

First Step: Preparing your Claim

As a lawsuit is a written form of the document, you must write your complaints and carefully narrate your damages. You have to mention how much amount you are demanding for your losses. Your demand must be solid and logical. If it proves to be unethical during the trial period, your claim might be dismissed. You might have to face more troubles then. So be careful while writing the lawsuit.

Read Also: How Long will My Personal Injury Claim Take

Second Step: Litigation Stage

After filing the lawsuit to the court, you have to go through a litigation stage. In this stage, you and your opposition party might have to give the necessary depositions. Your depositions will help to testify your injuries, damages, and other losses that you wrote in the document. Some information might need to be recorded for presenting in the court in the trial period.

Third Step: Having Professional Help

You must hire a professional lawyer to fight for you. General people do not understand the legal issues so well. It would help if you had a lawyer who will handle the case on your behalf. He will help you adequately writing the lawsuit document. He will collect the necessary evidence, discuss with the opposition party’s lawyer, and place your demands in a logical way to the court.

Fourth Step: Hearing Court Sessions

Finally, the jury board will overview the evidence and logic of both parties. They will decide the actual reason behind the accident, the real victim, and actual guilt. They will decide whether your demands are logical or not. If not, they will settle you an amount as your compensation.

If you are satisfied with it, it is good. But if you are not, you can apply further in the higher section. But it would be more hazardous. It is better to make yourself satisfied with their decision. It will save you time, stress as well as your expenses.

Read Also: A Guide to Wrongful Death Lawsuit & Settlement in Red Deer!

Things You Should Follow

Before filing and filing your personal injury lawsuit, you should follow some things. If you follow these things, your hazards will lessen to an extent. So, the things you should follow are as follows:

  • You must file your lawsuit as early as possible after the accident. There are some time limits in case of filing your personal injury lawsuit. If you do not file it within the time, you will not be able to claim it anymore.
  • It is a must to hire a professional personal injury lawyer. If you go to handling all the issues alone, it will be hazardous and time-consuming.
  • Never present any proof in a recorded form. That means, try to place the witnesses physically to the court, not his recorded voice. The court will not believe the record.
  • During the legal session, you have to sign a lot of documents. Never sign in any documents without discussing it with your lawyer. Legal things are very tricky. So before taking even a simple step, consult with your lawyer first.
  • Lawsuits are expensive and time-consuming. They are stressful too. So, take mental preparation before deciding to go for a personal injury lawsuit.
  • Remember, no cost is needed primarily to start your lawsuit filing. Be careful about the fraud.


Finally, you have the complete guide to file a personal injury lawsuit. Try to follow the mentioned things properly. Hopefully, these will help you out a lot. However, for a better and quick result, you must hire a professional personal injury lawyer. He will best guide you and fight for you with all his efforts, although on payment.



    Red Deer Personal Injury, Car & Motorcycle Accident Lawyer

    Please contact us for more information.
    Our email is monitored seven days a week and we will get back to you shortly.

      Contact a lawyer now