Mission Viejo Personal Injury Attorney Explains How a Lawsuit Is Filed

Almost all of the cases our law firm handles settle without the necessity of filing a lawsuit.  This is shown by our law form CASE RESULTS. You can also see how our clients feel about their settlements in our CLIENT TESTIMOMIALS.

In the rare case that an insurance company won’t agree to settle your car accident or personal injury case with you for a reasonable amount, we would usually recommend that you have me. as your Mission Viejo personal injury attorney, file a lawsuit for you.

Once you have agreed with our recommendation to file the lawsuit we go through certain procedures with the court on your behalf. Here is what they are.

  1. I draft out the exact specifics of the event in which you were injured.
  2. I list the injuries and losses you have suffered.
  3. I file the lawsuit with the clerk of court for you.
  4. I have a process server server give a copy of the lawsuit to the person who caused your injuries.
  5. The person who caused your injuries gives a copy of the lawsuit to their insurance company.

I Draft Out the Exact Specifics of the Event In Which You Were Injured

Once you have agreed with our recommendation to file a lawsuit, the first thing I will do is draft what’s called a legal complaint.  This is a document that I write which sets forth the facts of your case. I write out who the different people involved in the accident are.  I also explain what the person at fault for the accident did to cause you personal injuries or financial losses.

I List the Injuries and Losses You Have Suffered.

I also detail what type of personal injuries, losses and other harms you have incurred. I list your vehicle damage amounts, your lost income, your medical bills, your pain and suffering and any other harms and losses you have incurred.

I Filie the Lawsuit with the Clerk of Court

I then file that lawsuit I wrote with the Clerk of Court.  The Clerk places the Court Seal on it. The clerk also issues a Summons with the name of the person we are suing, called the defendant, on it.

The Summons commands the defendant to appear in Court. The Clerk of the Court then sends the copy of the lawsuit, with the clerk’s stamp and Seal on it, back to me.

I have a Process Server Gives a Copy Of the Lawsuit to the Person Who Caused Yiur Injuries.

Then I hire on your behalf what’s called a process server. The process server takes the lawsuit which I have filed for you, finds the defendant and hands a copy to the defendant. The defendant is then on notice of the lawsuit.

The process server then sends me a document called a Proof of Service of Summons and Complaint.  I then file that document with the Court.

At that time the initial part of what we need to do in the lawsuit is complete.  After that the defendant has certain things to do.

The Person Who Caused Your Injuries Then Gives the Lawsuit to the Their Insurance Company.

That defendant we sued, or the multiple defendants if there is more than one that we’ve sued, then takes that document and gives it to their insurance company. Their insurance company then hires a lawyer to defend that person against the lawsuit that we have filed on your behalf.  That attorney is called a defense attorney.

The Case Should be In Trial in About One Year

The case is then at-issue and is ready to for me to proceed to do the other things that have to be done in your case as we head for trial. The trial usually occurs approximately one year after the date the complaint was filed.

In that year before the trial I am busy doing a lot of other things on your behalf.  Although you and I will be talking a lot and working together I do all the work. You just need to be available to me for me to communicate with you during the time before trial.

Please call me or E Mail Me to Discuss Your Case at No Charge

If you have a car accident or personal injury case, the odds are very high that we will be able to resolve your case without ever having to file a lawsuit.  We settle almost all of our cases without ever having to file a lawsuit.

We accomplish that by spending many hours preparing your case in great detail so that the insurance company sees they are going to lose at trial.  Rather than take that risk they usually make a good offer to settle your case before trial.  If they do not, we are still well prepared and ready to put on an excellent case for you at trial.

Please get in contact with me as your Mission Viejo personal injury attorney today!

No charge to speak with me

I would like you to call or E mail me to talk about your case.  There is no charge to talk to me so please feel free to contact me. My phone number is (949) 496-7000.  My email is john@johnburnslaw.com.

I look forward to talking to you and meeting you personally. Thank you for reading this article.  I hope you have a good day.

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