How to File an Automobile Accident Lawsuit

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If an individual was seriously injured in an automobile accident, then they must do certain things to protect their rights. There is usually only a limited amount of time to file a lawsuit. This is known as the statute of limitations which refers to the timeframe when a plaintiff is allowed to file for damages. While state laws vary, the statute of limitations is normally between one to three years. If plaintiffs do not file their claims within this timeframe, their rights are lost forever.

However, before filing for a lawsuit, the plaintiff needs to address their health first by recuperating and getting treatment from the doctor. Once that is done, plaintiffs need to find a good attorney that specializes in automobile accidents. Indeed, plaintiffs need advice from a knowledgeable lawyer before speaking to their insurance companies. Insurance adjustors often quote a settlement fee to ‘wrap things up’ but this fee may be far less than what the case is really worth. To avoid getting tricked, the general rule is to consult a good attorney.

Family and friends are a good source of recommendations, though plaintiffs can also consult their local legal bar association for a more comprehensive list. Next, plaintiffs should schedule an interview with an attorney. The initial interview should be free and should last about an hour.

The Oakland personal injury attorneys will ask the plaintiff questions about the accident and will inquire about any injuries suffered. If the plaintiff agrees to the lawyer’s terms, then the lawyer will draft a contract that lays out the contingency fees. Normally a plaintiff in a personal injury lawsuit does not pay the lawyer any fees unless the trial is successfully settled. However, if the trial is successful, depending on the stipulations of the contract, a lawyer can get as much as 30 percent of the settlement fee.

It is important for plaintiffs to meet with their Oakland personal injury lawyer from time to time. A lawyer normally has the responsibility to contact a client and inform them on the progress on the case. However, plaintiffs should also take the initiative as most lawyers busying handling multiple cases at once.

An Oakland personal injury lawyer that can handle an automobile accident claim with intelligence and skill can win a fair settlement for the plaintiff, offsetting any damages or injuries the plaintiff may have suffered.

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Stephen Schaunt has 69 articles online

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How to File an Automobile Accident Lawsuit

This article was published on 2011/07/20