Lawyers start rigorous processes to get a fair settlement before a statute limitation deadline expires. For instance, California has a 2-year statute limitation for filing a lawsuit following an accident. It is essential to understand how the lawyers operate to manage your expectations and evaluate their work. Additionally, it helps you update your lawyer appropriately. Here is what your accident attorney could do for you:
San Diego experiences rising car accidents primarily due to poor roads and dangerous driving. Hence, an accident attorney in San Diego starts by gathering information about your accident’s nature and determining fault. They also scrutinize medical bills, medical treatment history, witness statements, police reports, photographs, surveillance footage, and government reports. Additionally, they might question you to get details for a strong case.
Make a Demand
The attorney puts forth a demand to the at-fault party or their insurance company after gathering enough evidence. The party with a legal liability may offer a settlement or challenge the request. If they make an offer, the attorney reviews it with you and recommends a response. The attorney negotiates for you to get a full amount to cover your losses.
File a Complaint
Most parties settle civil cases out of court. However, the party with a legal liability might refuse to pay the claims or offer low compensations. In such cases, your attorney may threaten a lawsuit and get a reasonable settlement. However, the impasse may necessitate a lawsuit. Your attorney files a complaint that lists your legal arguments, the supporting documents, and what you demand in compensation.
Serve the Complaint to the Defendant
Your lawyer serves a complaint to the defendant and allows them to file a response. Next, the two parties exchange information such as interrogations, documents, and dispositions. The process can take months before the two sides scrutinize and furnish each other with all the details.
By now, the insurance company takes your attorney seriously and may not want court battles. They can make a settlement before the trial. Otherwise, your lawyer proceeds with the lawsuit and represents you before a judge, the defendant, and other attorneys. The process might take longer if the defendant appeals after the first trial.
Updates on your Case
Your lawyer updates you on your case. Expect constant communications but don’t worry if they do not pick your calls. An accident attorney in San Diego follows a code of ethics and responds to your calls and emails in due time. Additionally, update your lawyer on your medical treatment or when a defendant contacts you.
Facilitates Collecting Injury Statement or Judgement
You may win at trial or get the settlement before going to court. Once the case settles, you sign release forms that prohibit you from suing the defendant after the compensation. Next, the lawyer pays all personal injury lien and then disburses money to you.
Accident attorneys get busy immediately when you hire them for your case. They investigate cases and make a demand to the insurance company. Usually, a lawsuit is unnecessary, but your attorney pursues your claims if the at-fault party refuses to give a fair settlement. Importantly, you and your lawyer should update each other until the case settles.