The lawyers of Golitko & Daly, P.C. proudly serve accident victims and their loved ones throughout the greater Indianapolis area. We offer expert counsel when it comes to construction accidents that result in serious injury or death, fighting every step of the way for our clients.
Many people have asked us what to expect from the legal process. There are different steps to consider, and we’d like to go through them over the next few weeks. Let’s start with filing the initial legal claim.
Initiate the Process Within the Statute of Limitations
Before filing any paperwork, it’s important to consider the statute of limitations on your legal claim. This is a set amount of time for injury victims to file a lawsuit. For most construction site and industrial workplace accidents, the statute of limitations is two years from the injury or the death of an individual. Failure to initiate the legal process in this time will mean you cannot pursue legal action.
Filing a Complaint/Petition
The first step in doing the legal paperwork for a case is filing a complaint (which is also known as a petition). The complaint essentially outlines who the plaintiff is in the case and the legal claim made against the defendant. The facts of the case are stated and summarized and the overall nature of the case is made known.
The complaint will in many cases also contain a demand for judgment/prayer of relief. This means that the plaintiff will make a request of the court that the defendant will pay damages or be punished in some fashion.
Legal Summons and Service of Process
A legal summons is an official court document that informs the defendant of the complaint filed against them. The summons will also tend to mention a timeframe in which the defendant needs to reply and take appropriate legal action.
The summons must be served to the defendant once the defendant has identified himself or herself. Upon serving of the summons, the court is then given jurisdiction over the case and the defendant.
The Defendant Responds to the Complaint
A defendant will then provide an answer to the complaint. There are three forms that the answer may take:
- Insufficient knowledge to admit or deny
This answer may also outline reasons why the defendant is not legally responsible for the incident that the plaintiff outlined in the complaint.
About Counterclaims and Cross-Claims
At this point, a defendant may file a counterclaim against the plaintiff, which takes the form of another complaint. This counterclaim by the defendant will require an answer by the initial plaintiff.
When more than two parties are involved in a lawsuit, cross-claims may be filed between the various parties.
Our Lawyers Can Help You with This Process
The paperwork process can be tedious and time consuming, which is why it’s important to have a skilled attorney or team of attorneys on your side providing expert legal assistance. Our lawyers will work with you and provide legal counsel and guidance every step of the way.
Speak with the Lawyers at Golitko & Daly, P.C.
If you need assistance filing an injury lawsuit after a serious incident at your workplace, be sure to contact our team of construction accident and injury attorneys today. The lawyers of Golitko & Daly, P.C. are here to provide guidance and offer help to injury victims and their loved ones.