Your lawyer has worked hard to establish and prove liability and damages, send a demand letter to the defendant’s insurance company, and undergo negotiations with the insurance company to reach a settlement. A vast majority of personal injury claims are settled, but there are times when a settlement can’t be reached. When this happens, it’s time to file a lawsuit. While the following may seem like a lot to remember, know that you are not expected to do this alone—your personal injury lawyer will guide and represent you throughout the process to make sure every step is done correctly.
Who is the lawsuit filed against? First thing’s first: you have to file your lawsuit against the right party.
How much money should I sue the defendant for?
The amount named in the lawsuit is determined on a case-by-case basis after a clear picture of the extent of the damages emerges. Typically, personal injury lawyers sue for a larger amount of money than they expect a jury to award because the number you sue for is the maximum compensation you can receive. For example, let’s say your lawyer sues for damages totaling $50,000. If a jury comes back with a verdict of $75,000, you will be limited to the $50,000 named in the lawsuit, making you miss out on the remaining $25,000. However, if your lawyer sues for $100,000 instead, you will be entitled to the full $75,000 awarded by the jury.
Filing a lawsuit begins with the complaint.
To file a lawsuit, your personal injury attorney will prepare and file a complaint with the Court. The complaint is significant because it alleges all the elements necessary to support your legal claim, containing basic information such as the name of the parties involved, a summary of the facts of the incident, legal allegations, and a summary of the injuries suffered.
The defendant then has 21 days to file an answer that admits or denies the allegations made in the complaint and provides their version of events. Defendants will typically admit basic information, such as their name, location, and that they were driving the other vehicle, but deny allegations of negligence, breach of duty, and responsibility for damages.
What comes next?
Once the complaint is filed and responded to, it’s time to gather evidence in the lawsuit, gain an understanding of the defendant’s position, and develop strategies against the other party. This process is called discovery.
Tom Curcio, the driving force behind Curcio Law, is a dedicated trial lawyer with more than 35 years of experience in Northern Virginia. He has dedicated his career to representing people who have been seriously injured through no fault of their own. He works tirelessly to obtain the compensation his clients are legally entitled to…
Rakin Hamad is a graduate of the George Mason Law School and joined Curcio Law as an associate in August 2018. Rakin works closely with Tom Curcio and staff in preparing cases from the initial client meeting through trial and has been a perfect fit for the firm. During law school, Rakin interned at the…
Justin Curcio received his J.D. from St. John’s University School of Law in 2015, where he was awarded an academic scholarship. During law school, he worked for the Nassau County District Attorney’s Office and the law firm of Bartlett, McDonough & Monaghan, LLP. Justin also spent a semester studying law at the University of Glasgow…
As the firm’s office manager, Kathy McAfee is dedicated to making sure the office runs smoothly and that the team has what it needs by way of resources, technology, and supplies to best serve our clients. Kathy graduated with a B.A. in Sociology from Roanoke College in 1986 and afterward, returned to Alexandria. She began…
Riann Winget, a native Texan, graduated with a BA in Psychology and a Minor in Legal Studies from the University of Pennsylvania in 2017. She was a member of the varsity soccer team, Chi Omega Sorority, and was on the university board for Big Brothers Big Sisters. After graduation, she joined AmeriCorps and taught preschool…
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