When you first seek to settle a personal injury claim against another person, you don't start with a lawsuit. It is possible, and in many cases advisable, to settle out of court. However, if you and the responsible party can't agree on a settlement, and it makes sense to continue to pursue the case, you'll need to file a lawsuit. The lawyers of Thompson Law Office in Lexington, KY provide advice and representation in personal injury cases, including explaining the basics of a lawsuit.
When you pursue a lawsuit against another person, you'll have to prove their negligence; they had a legal obligation toward you which they failed to fulfill, resulting in harm to you. For example, a driver who hit you during a DUI offense failed to follow their legal obligation to drive safely, and a homeowner who doesn't repair damaged stairs is exposing visitors to the risk of a fall, which it is their legal duty to prevent.
If your personal injury attorney believes you can prove negligence, you'll need to file the suit. Make sure to do this promptly—after the time specified in the relevant statute of limitations, your suit is essentially guaranteed to be thrown out. You'll need to serve the defendant with the proper paperwork: a complaint which outlines the case, and a summons which notifies them to appear in court.
Because of the potential complications in a personal injury lawsuit, your best chance of winning is to hire an experienced personal injury lawyer to help you file your suit and argue your case. They have insight into the laws surrounding personal injury cases and will be aware of the potential pitfalls. If you need a personal injury lawyer, call Thompson Law Office at (859) 280-2222 to schedule a consultation or learn more online.