Negligence is a theory that is used for proving fault in car accident cases. You and your personal injury lawyer will need to understand it if you want to win a settlement. Because negligence is a legal theory that is used to establish fault in car accident cases, you have probably heard your personal injury lawyer toss this term around a lot when discussing your case with you. This probably leads you to wonder what negligence is and how it is proved in personal injury claims and cases.
You know about police reports. You may not, however, have any inkling as to what these reports are, how to obtain a copy of one, and why insurance companies value them. You may also be unaware that police reports can be used as evidence in court. Well, if you are ever involved in a car accident and hire a lawyer, he or she will be able to answer all of these and more for you.
Whenever you are involved in a car accident, you and the other party will hire personal injury lawyers and attempt to reach an out-of-court agreement and settlement. However, if this is not possible (and it sometimes is not) you and the other party will have to go to court. This means that you (the plaintiff) will have to file an official lawsuit against the other party (the defendant!)
What is the difference between a car accident lawsuit and a claim?
Before you decide to file a lawsuit, you need to know the difference between a lawsuit and a claim for car accidents. Your personal injury lawyer in Placentia, will tell you that a claim occurs when you tell the insurers about your accident and submit a claim through one or both of them to try to receive compensation. A lawsuit, on the other hand, is legal action that occurs when you take the other party to court.There are many steps involved in filing a lawsuit. They are explained below:
Step # 1: file a complaint
Your lawsuit will officially start when you (the plaintiff) files an official complaint with your local court. This is an official document that describes what happened in a series of numbered paragraphs. These paragraphs also list the legal basis/justification(s) for bringing the lawsuit and the settlement amount demanded.
Step # 2: Serve the complaint on the defendant
When the complaint is served on the defendant, that person is informed of the charges being brought against him or her. The person will have the opportunity to defend him or herself in court. The defendant will be given the summons to appear in court. As the plaintiff, you’ll generally hae3 30 days to issue a summons to the defendant.
Step # 3: the defendant files an answer
This occurs when the defendant files an official document that answers the summons. It can either admit or deny the allegations made in the official complaint. It also states if the defendant will have any legal defenses to the lawsuit.
Step # 4: Discovery
You and the defendant will exchange information that will likely serve as admissible evidence in court. Both of you and your personal injury lawyers will see all sides of the case. This will allow you to plan your positions and defend them accordingly in court.
Step 5: trial
The trial begins. Both you and the defendant will make opening statements. Then the two of you will be able to make your cases in court with your personal injury lawyers. The two sides will be cross-examined and then closing statements will be made.
Going to court is not that hard
While you (as the plaintiff) are not legally required to hire a personal injury lawyer, it is highly recommended. You may live in a no-fault state that limits the circumstances under which you can file a lawsuit. You can indeed win in court provided you have good legal help and know the information discussed in this article.
Some drivers buy automobile insurance, but do not embrace the chance to take full advantage of their policy. For instance, those particular policy holders might hesitate to report an accident. That sort of action can increase the risks to which the policy holder gets exposed.
Car accidents are an enigma in life. On the one hand, you can be assured that they will happen. However, on the other hand, you can never be sure when, where, and how they will happen. If you are ever involved in a car accident, read this article for advice. Then hire a good personal injury lawyer who will help you craft that award-winning personal injury lawsuit.
No one likes to think about being in a car accident. The experience is about as much fun as the experience of being stung by a wasp. Both cause substantial bodily injury and emotional trauma. But if you are ever involved in a car accident, you should read this article. This is because you can sue for pain and suffering after having been in a car accident. You should also hire a good personal injury lawyer in Placentia.
Any trial is a public appearance even if it is not televised. Many trials are written about by journalists in newspapers. So, if you have recently won a settlement from a car accident, you may be wondering if it will appear in a public record. Well, you can rest assured that it will not appear in a public record, at least not in California. Any personal injury lawyer in Placentia, could tell you that.
Being involved in a car accident where you are the victim is traumatic enough. After all, you may have suffered from substantial emotional trauma in addition to the physical injuries and property damages which you have sustained. Your natural reaction would be to hire a personal injury lawyer who will help you craft a powerful personal injury lawsuit against the at-fault driver that would win. But what do you do when the at-fault driver dies in a car accident?