If you have the guidance of a Mission Viejo car accident attorney after an accident, your attorney may recommend that the facts of your case require that a lawsuit is filed on your behalf. The article also offers a link to a download of FREE BOOK on accident cases.
Why Would a Lawsuit Be Necessary
Mission Viejo Personal Injury LawyerMission Viejo, personal injury lawyer John P. Burns, settles almost all the cases that he handles, eliminating the necessity to file a lawsuit. However, there are rare cases when Insurance companies do no agree to a reasonable settlement in personal injury or car accident claims, and then a lawsuit is necessary.
In these cases, Mr. Burns, with the client’s permission and agreement, files a lawsuit on their behalf. If it is necessary for him to file a lawsuit on your behalf, the following procedures will be followed to ensure that the lawsuit is properly and successfully handled. Below is a general description of how California lawsuits are filed and handled.
The Precise Specifics of the Event are Drafted Out
Drafting a document that is known as the legal complaint is the first thing your personal injury lawyer will do after you agree that a lawsuit should be filed on your behalf. The facts of your case will be set forth in this document that will be written by your lawyer.
Your lawyer will write down the names of everyone involved in the accident and will explain who was at fault for the personal injuries and financial losses you suffered as a result of the accident.
The Losses and Injuries You Suffered Will Be Listed
Your lawyer will also list the details of the types of harm, losses and personal injuries that you have incurred. All the harms and losses that you might incur as a result of an accident, which includes your lost income, medical bills, pain and suffering, and your vehicle damage amounts, will all be listed out.
The Lawsuit will be filed with the Clerk of Court
Your lawyer will then file your lawsuit on your behalf with the Clerk of Court. A Court Seal will be placed on your lawsuit, and a Summons will be issued in the name of the defendant or the person you are suing. The defendant is commanded by the Summons to appear in Court. Your lawsuit with the clerk’s stamp and the Court Seal will be sent back to you.
A Copy of Your Lawsuit is given to the Defendant by a Process Server
Your personal injury lawyer will hire a process server on your behalf. The lawsuit filed by your lawyer on your behalf is taken by the process server and is a copy is handed over to the defendant. This notifies the defendant of the lawsuit.
Then the process server will send a document known as a Proof of Service of Summons and Complaint to your lawyer. Your lawyer will also file this document with Court. Certain things have to be done by the defendant once this initial part of filing your lawsuit is completed.
The Lawsuit is Given to the Insurance Company
After being sued, a defendant then gives the document to his or her insurance company. The defendant’s insurance company is required to hire and pay for a lawyer to defend the person you are suing. The lawyer defending the defendant is known as a defense attorney. Find out more here: http://www.txtriallawyerwatch.org/finding-personal-injury-attorney-negotiate-settlement/
For Approximately one Year Your Attorney Prepares the Your Case For Trial
At this point, the case is at-issue, and your Mission Viejo personal injury lawyers will make preparations as you and your lawyer get ready for trial. Usually, it takes one year after a complaint is filed for the trial to begin.
During that one year before the trial, your lawyer will do a lot of things on your behalf. Your lawyer will be communicating with you from time to time during this period so make sure you are available. Your lawyer will do all the work, but you need to be available.