You have been involved in an accident but there’s one problem, you have been served with a spinal cord injury lawsuit. We can tell you from experience and observation that being sued is one of the most stressful experiences but that doesn’t mean that you should panic. And you can’t ignore the lawsuit either.
You have to respond to the lawsuit in a timely manner otherwise the person who sued you will win by default. The moment you respond to the lawsuit is the moment you start defending yourself and as a result, the plaintiff will have to prove their case and give you a fair chance to have your day in court.
How to Respond to a Spinal Cord Injury Lawsuit
Call your Spinal Cord Injury Lawyer
The reason why we are specifying that you call a spinal cord injury lawyer is because they are knowledgeable in defending against spinal cord injury lawsuits. They know the procedures involved in this particular lawsuit and they have the skills to persuade arguments to a jury or judge in your defense. Alternatively, they can also help you settle the case outside the courtroom.
Determine when the Response is Due
You will find when the response is due written on the front page of the documents. In most cases, you’ll have 20-30 days to file a response. The summons will contain all the information you need such as the courthouse where the lawsuit was filed. Don’t wait to contact your attorney at the last minute because this won’t give them adequate time to prepare.
Decide which Kind of Response to File
Your spinal cord injury lawyer will decide the type of response to file based on the nature of the complaint. The most common response in a personal injury lawsuit is called an “answer”. An answer is basically a written document where you either accept or deny the allegations in the lawsuit. You will also state why you should not be held liable for the plaintiff’s injuries. Any statement in the lawsuit that is not denied in your answer is considered true by the court.
Send a Copy of the Response to the Plaintiff
Make sure a copy of your Answer is sent to the plaintiff and their attorney. You might also be required by the court to submit a “proof of service”.
Explore Settlement Opportunities
Once you’ve sent a copy of your response to the plaintiff, your spinal cord injury lawyer will start to explore settlement opportunities. Meanwhile, the parties will engage in the discovery phase where they exchange relevant information regarding the lawsuit. Both the lawyers will schedule a hearing with the judge to ensure the whole process goes smoothly. They might also decide to begin settlement negotiations. If you cannot reach an agreeable settlement, your case might have to go to court.
Once the judge or jury has entered a decision, the judge will order the judgment be entered for the party that wins. The judge may also order that you or the plaintiff pay the attorney fees although it’s rare to hear such awards.
You or the plaintiff can appeal the judge’s decision if you are not happy with it or you feel you can get a better judgment. Before you appeal, you should keep in mind that it’s unusual for an appeals court to overturn a judge’s decision. And if you and the plaintiff already agreed to a settlement amount, you can’t withdraw from the deal unless crucial information such as fraud comes up.
Hire A Spinal Cord Injury Lawyer in Plymouth to Help You
Whether you are being sued or suing someone, a lawsuit can be a complicated legal process that can get frustrating. Remember that there are two parties involved in the lawsuit, which means the schedule and events that take place can be out of your hands.
If you are being sued for a spinal cord injury that happened in a car accident, a slip and fall or a motorcycle accident, you need a spinal cord injury lawyer who will take you through the process of responding and resolving your lawsuit.
Our expert team of spinal cord injury lawyers in Plymouth, MA, fully understands the law and can save you from potentially making your situation worse. When you are ready to speak with us, call Kevin P Landry Offices at 508-746-2700 or visit our offices for your free initial consultation.