Alabama Injury Lawsuit - Part Two - Filing The Lawsuit
After you have met with your attorney, you and your attorney will face the decision of whether and when to file the lawsuit, also called the Complaint.
First, your attorney will determine whether you have a claim that is worth filing. There are lots of things that go into this decision. In the context of a personal injury or car wreck claim, your lawyer will look to see if your claim meets the necessary criteria to make a claim. This will involve looking at a number of issues. These will include, for example, looking to see if someone else is responsible for causing your injuries; is that person viable or do they have insurance to pay a claim; are there enough facts to prove your case, does contributory negligence prevent the filing of your claim; and many others. Finally, the lawyer will need to determine if your injuries significant enough to justify filing a lawsuit.
As an aside, many lawyers will try to settle your case with the insurance company before suit is filed. This can expedite things assuming you finish your medical treatment and healing relatively quickly and can be especially good for smaller cases where liability is not disputed.
Once your lawyer has decided that it is necessary to file a lawsuit, he or she will draft the lawsuit laying out the claims. All lawsuits have who the parties are, the factual allegations of what happened, how the plaintiff has been injured, what legal theories the plaintiff is suing under (i.e., negligence, wantonness, defective product, defamation, etc) and what the injured party wants to achieve.
Once your lawyer files the Complaint, the lawsuit has begun. However, be patient. The next step is to serve the defendant. We will discuss service in our next post.
