Filing the Law Suit with the Help of the Personal Injury Attorney Reno

If initial settlement efforts prove futile, the Personal Injury Attorney Reno will file a lawsuit in the proper court. State laws will dictate the proper "forum." The complaint" will be served on the defendant (other driver) by an official of the court, usually a sheriff or marshall and the defendant will have a certain time period in which to respond. If he fails to answer the clients complaint in a timely fashion, the client automatically win. But chances are that if the defendant doesn't answer the complaint, he either doesn't have insurance or has not bothered to notify his insurance carrier. Either way, client as the plaintiff lose out if the client win through default, because the defendant would have to pay the damages personally without the deep pocket of the insurance company. If the court awards the client a significant judgment, he or she then have the tough job of trying to collect it from a person who probably couldn't afford the insurance in the first place or wasn't responsible or bright enough to contact his insurance company. Better for one that the defendant, turn the complaint over to his carrier to defend, rather than leaving the client with a default judgment that he or she can't collect.

Be aware that the other driver may file a "counterclaim" against victim or client, accusing the client or victim of being the negligent party or at least being partially at fault. After the lawsuit is filed and the defendant has notified his insurance company, there may be efforts to settle the claim. The insurance company will have to decide if it is more economically attractive to settle the claim quickly rather than paying out attorney fees. Remember, in a civil action the plaintiff is usually paying on a contingency basis; the attorney gets paid only if he can collect for client. But the attorneys representing the insurance companies are charging on an hourly basis. So win or lose, the insurance companies are spending a lot of money in defending their insured.

In order to decide whether one have a good case against their company, the insurance carriers will analyze the claim, looking at the accident report, medical records, extent of injuries, witnesses available to substantiate or refute the plaintiffs case, as well as other factors. If the plaintiff has a strong case, the insurance company may be anxious to settle. But if they think they can win, they will proceed to the next step, discovery. In such situation it is important to get more help from the Personal Injury Attorney Reno.

The Author is a professional writer, presently writing for car accident attorney reno

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Created on Dec 31st 1969 18:00. Viewed 0 times.

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