If, after being injured in a car accident, you feel ready to negotiate with an insurance company, then you might file a personal injury claim. Later, if you hope to get a larger compensation, than the one offered by the adjuster, then you might decide to file a personal injury lawsuit.
Sometimes the victim of the accident chooses to file only a loss of property claim.
Warning: Do not file a loss of property claim until you are sure that no one was injured during the accident. Did everyone that was involved see a doctor? If not, think twice before filing that loss of property claim.
Before filing a personal injury lawsuit, sit down and record all the details, concerning the accident.
• To what extent was the car damaged?
• What was the weather at the time of the collision?
• Where did the accident take place? What time of day, and what date?
• What were the road conditions at the spot where the vehicles collided?
• What insurance information was obtained from the other driver?
Process to follow when filing a personal injury lawsuit
Determine how much money you are going to seek as compensation. Will it be more than $15,000? If not, then you can use the small claims court. Otherwise, you must file at with a civil court. File a complaint with that same court.
File the pleadings, or hire a lawyer and have that attorney file the pleadings. Be ready to make a cash payment, when the complaint and pleadings are filed. That should come to between $200 and $300. Send to the defendant a copy of all the papers that you have filed. Get proof of the fact that you have served the defendant with those papers. File that proof with the court. Wait for arrival of a response to the complaint. That should come from the defendant. Wait for the court to schedule your case. That will mean scheduling a discovery session. The discovery session takes place before the trial.
Keep in touch with your injury lawyer in Baldwin Park. Remember that the dispute that created the need for your case can be settled at any time. The insurance company might not look forward to facing you in a courtroom. Get ready to help your attorney plan for the discovery session. The more evidence that you can present at that session, the greater the chance that the other party might decide to settle, instead of having to deal with a trial. If you have a pile of evidence, the insurance company might feel that it has only a slight chance for winning. Practice answering questions, like you might be doing during the discovery session. Tape your answers; watch the tape.