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If you have been hurt in a car accident, you may be able to sue for damages. To win your case, you must prove that its facts entitle you to receive compensation. The law office of Riefe Tietjen Attorney at Law must file a claim within the state's statute of limitations, which is two or three years in most cases. Here, you will find a basic guide to filing a personal injury claim. Filing the Summons & Complaint Personal injury lawsuits must be filed in the state where the accident happened, or in the defendant's home state. Defendants receive a summons, which notifies them that they are to appear in court to answer your complaint. Your complaint should offer a detailed explanation of your claim, and the damages you've suffered. Process servers or state officers deliver the complaint and the summons, and the defendant is required to respond in writing before the court sets a first hearing date. Proving the Elements of a Personal Injury Case Personal injury cases are typically based on intentional tort, strict liability or negligence. To prove that negligence has occurred, claimants must prove that a defendant failed in their duties, that the failure was a direct cause of the accident, and that the accident caused their injuries. Some cases are won on a 'strict liability' basis, where proving the defendant's fault is not necessary. Personal Injury Cases are Less Complex Than Criminal Matters In criminal court, guilt "beyond a reasonable doubt" is the legal standard. In personal injury cases, a "preponderance of evidence" is the standard upon which cases are judged. All a claimant has to do is to prove that the defendant was more than 50% at fault for the injury. Damages are More Than Just Medical Expenses Damages can be claimed for different factors of your injury, such as lost wages, income potential, pain and suffering and medical expenses. In a negligence case, damages can be reduced if the claimant is partly responsible for the accident. In some states, claimants cannot recover damages if they are even 1% responsible for the accident. Personal injury cases are very complicated, and can take several months or years to resolve. The facts of your case are unique, and the information provided here is general in nature. For help with your case, call an injury lawyer in New Haven today.
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