As a motorcyclist, you know that some serious dangers come along with operating your motorcycle on the roadway. Though you hope that other drivers will take the time to use caution and look for smaller vehicles such as yours, many individuals easily overlook motorcyclists. As a result, you may have found yourself seriously injured in a crash, and now, you may wonder how to potentially seek compensation.
You have the right to file a legal claim for personal injury against the driver considered at fault for the injury-causing accident. Understandably, you may find the idea of legal proceedings daunting, but taking the time to learn more about beginning the process could help you feel more at ease.
Filing a complaint
One of the first steps involved in pursuing a lawsuit revolves around filing your initial complaint. This document provides information essential to your case, such as the individuals involved, your legal claims and reasons for your claims. This petition also details what you hope your case will achieve in regards to what you want the court to order the defendant to do in terms of providing compensation.
Summons
After filing your complaint, the court will inform the defendant that he or she has a lawsuit pending against him or her. This process involves the delivering of the court order, or summons, to the defendant either by presenting the documents in person or by mail. The summons provides information on the court hearing, allegations and consequences of not responding to the summons.
Response to the filing
In response to your complaint filing and the summons received, the defendant must provide an answer in which he or she admits, denies or claims insufficient knowledge to provide an admittance or denial to the details of the complaint.
Counterclaim
An issue you may wish to watch out for during this stage of your case relates to counterclaims. The defendant could potentially file a counterclaim against you if he or she has a complaint that relates to the same issue for which you have filed suit. If such action takes place, you will need to reply to the counterclaim.
Assistance
Because filing your paperwork correctly can seriously impact your case, you may wish to gain assistance from the start of your claim. An experienced California attorney could help you understand the necessary documents, help you complete them and assist you in replying to any counterclaims that the defendant may bring against you.
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