Automobile Accident Lawsuit
How We Handle An Auto Accident Case
If you or a loved one was injured in an automobile accident (or truck accident) you probably have never been involved in a lawsuit before. We are going to show you in this article what to expect. We have handled thousands of automobile lawsuits and this article will be an overview of what occurs. If you would like, you may speak to a case intake specialist at Nadrich & Cohen at any of our 17 offices who will answer any specific questions you have concerning your auto or truck accident. Contact us at 1-800-718-4658.
The Beginning
It begins with a lawsuit for personal injury against the car or truck.
We include this with the summons. The lawsuit is a complaint which lays out all the claims that our clients (the plaintiff) have against the responsible party (or the defendant). That is the person being sued. The purpose of the Summons is to advise the defendant who the plaintiff is, the court and how long the defendant has to respond to the car or truck accident complaint.
The defendant has to answer within a certain time (usually 30 days). His or her answer must include what portions of our client's complaint the defendant may agree with or what he disagrees with or contests. The answer will also include any defenses the defendant has and whether or not the defendant has any claims against either the plaintiff or a third party. If the defendant has claims against the plaintiff, the defendant files a counter claim or cross complaint against a third party. The counter claim would be against the plaintiff and the cross complaint against a third party.
The defendant can also file a motion requesting that the judge dismiss our client's complaint. In a standard motion to dismiss defendants can raise certain defenses including lack of jurisdiction over the subject matter, lack of jurisdiction over the particular defendant, that the service of the lawsuit was invalid or insufficient or that the documents were not technically correct and failure to state a claim in which the plaintiff can repay.
Sometimes the defendant does not answer and we take a default judgment against him or her.
Discovery
Most of the time will be spent in discovery in litigation. Discovery is when the defendant and the plaintiff give to each other relevant information, paperwork and documents which are related to the claim.
This discovery can either be written questions or interrogatories, document production or documents, requests for admissions or requesting certain admissions to admit certain facts and depositions which are formally transcribed sworn statements taken in front of a court reporter. When a discovery dispute arises we often bring a motion such as a motion to compel the other side to provide information. Ultimately, discovery ends and we are ready for trial or the defendant files a motion for summary judgment which means that we have to prove that there are material facts in dispute so that the case can move forward either based on facts in dispute or the law.
Lawsuit Resolution
Ultimately, we get to the point where the court orders us to go to some sort of Alternative Dispute Resolution (ADR) such as a mediation court negotiated settlement or even a binding arbitration which we may agree to with the defendant's insurance company. If we do not reach agreement at that point (95% of cases are resolved by this point) then we continue preparing for trial. The case is settled either right before the first day of trial or a small percent of cases we try and obtain a verdict for our clients.
The above procedure can take as much as 15 months.
We move these cases very quickly as we are contingency lawyers and do not receive any fee until we obtain a recovery. You have our commitment that if we represent you and if your case goes into a lawsuit (only 10% of our cases ever do) that we will move very quickly so that you can obtain a financial recovery as soon as possible.
Please contact one of our auto intake case specialists at 1-800-718-4658. Because of our success we have 17 offices throughout California. You can also complete the email inquiry on the right.
Call today.
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The staff of Nadrich and Cohen hopes you've enjoyed the preceding article. It is our hope that its inclusion on our website provided you with pertinent and useful information regarding various aspects of the law and legal situations. In the future we'll continue to include pieces that can shed new light on effective ways to deal with and overcome legal situations. Have you been involved in a car, accident that resulted in personal injury? Do you understand the nature of your case and your rights? Seeking legal representation is the first step in ensuring that your rights are respected and that a plan is implemented that addresses your specific needs. Continue to look here as we promise to point you in a number of useful directions. And while you're here, take a look around our website and learn about the ways our experienced lawyers can help you achieve the settlement you deserve. Thanks for spending some time with us, and be sure to visit us regularly for more great articles and legal tips.
