Firstly, you need to find out if you are entitled to bring a case against the individual or company with whom you are in dispute. In order to put a lawsuit to a court of law, you must know someone directly affected by the legal dispute over which you are appealing. Legally this is called keeping the case “standing.”
“In law, standing is the term for a party’s ability to prove to the court that there is sufficient connection and harm to the law or action in issue to support that party’s involvement in the case.”
If you have been injured in some sort of accident and believe someone else is at fault, you may be entitled to claim for personal injury. In doing so, you would be able to get reimbursement for the freedom, employment, financial security or sense of well-being you lost in your accident.
Yet even though you feel like you’ve got a clear-cut argument, compensation won’t come easily. Call a Los Angeles personal injury attorney for support building the best claim possible. We’ll look at the claim specifics, collect supporting evidence and help you advocate for the money you deserve.
Filing a case in California is a challenging procedure but it could be easily done with Los Angeles personal injury lawyer.
When you file a case in California, here are the five steps that you would have to follow in the process:
1. Hiring an Attorney:
The injured party, also known as the “claimant,” will start searching for an attorney who can review their case and help them determine if it is worth pursuing or not. To establish this, the plaintiff must provide clear evidence that the defendant was responsible for the accident and damages amounting to between $5,000 and $10,000 respectively.
Another determining factor is the claimant’s contribution to their injuries. Comparative negligence is an important piece of evidence in Montana for the prosecution. If the plaintiff wishes to receive any compensation, they must prove that they have less liability than the defendant, which means that the opposing party bears the greatest responsibility for the injury suffered by the claimant.
2. File and Serve a Complaint:
If the Attorney believes that the plaintiff has a sound foundation for a case, he or she will begin to investigate and file a complaint. Once the defendant has been served, they will most likely hire a lawyer of their own to help come to a settlement or bring the case before the civil court.
The settlement terms are negotiable and can last anywhere from a few hours to a few days. If neither party is in a position to reach an agreement or the defendant makes a counterclaim, the case must be brought to trial.
3. Hold a trial here:
It’s rare for a personal injury case to be brought to trial in California, but if you have to have an experienced Los Angeles car accident lawyer, it’s going to be the biggest help in this area. They are familiar with the proceedings and can help navigate the complex legal territory.
The legal team of the complainant must provide detailed evidence of the circumstances surrounding the injury and will be able to cross-examine it.
Once every detail of each case has been presented, the jury will deliberate for a while and have a final say on the percentage of comparative faults. In some cases, the plaintiff and the defendant will go before the judge instead of the jury, which is a bench trial that means that the judge will hear both cases and make a decision.
Applying the verdict of the jury or the judge means that the plaintiff may refer the case to a higher court for re-evaluation if the decision is not in their favour. When this happens, there are often multiple judges who will review the case and either override the original decision or return details that have been changed or overlooked that need to be reconsidered. No lawyers, witnesses, jury or plaintiffs shall be present during the proceedings.
If you or a cherished one has suffered personal injury and want to know if it is possible to file a lawsuit, contacting an experienced Los Angeles personal injury lawyer can help to settle your car accident case and also provide help in the process of compensation that you deserve.