There are too many people who have been wronged by another and don't get the restitution that they deserve. There are things put in place to protect the innocent party so that they don't end up without anything, but you are going to have to take action. In many cases, the best way to get what you are owed is to file a personal injury lawsuit. Here are the steps that you need to take to file a lawsuit.
1. Try To Resolve It With The Insurance Company First
In many cases you can get what you are owed through your insurance provider. For example, if you were in a car accident and you had loss of property (with your car) and medical bills from the accident you can access both your car and health insurance to get these things paid for. You can also access the other persons insurance to pay for the claim. So long as the insurance company pays out a reasonable amount, you shouldn't need to pursue it any further. The concern comes when insurance providers deny the claim, when the other party doesn't have insurance, or when the insurance company doesn't pay enough. This is when you should take the next step.
2. Talk To An Attorney
When you first talk to the attorney they will write a demand letter. It is expensive to actually file a lawsuit, so they will first write a demand letter letting the other party know of your intent to sue. If the other party doesn't meat your demands, then you let them know exactly what will happen.
In many cases, the demand letter is enough to get the other party to do what they need to do to make it write.
3. File The Lawsuit
If the other party doesn't comply, then it is likely that you will need to file a lawsuit. Know that when you file a lawsuit, it takes time, even months to file. Then it will take a couple more months to gather all the evidence and discovery, then you will have to try mediation, and if that doesn't work, you will go to court. In most cases, you will have to go through court-mandated mediation where you have to try and settle it on your own. In most cases, the suits settle and they don't ever see a courtroom. This saves money and time for both parties.
These are just a couple things you need to know about lawsuits. Speak with an auto accident lawyer to learn more.
Share26 February 2018
I have never been someone who likes the idea of suing another person, but after my family was plowed into by a drunk driver with no regard for the law, my tune changed. I realized that I needed to do what I could in order to make things right, so I started looking for a lawyer who could help me to fight for the settlement I deserved. It took a few months in court, but by the time I won my settlement, I felt a lot better about things. This blog is all about getting the legal help you need when you need it the most.