Four Things To Know About Going To Court

13 November 2017
 Categories: , Blog


If you have suffered an injury due to the fault of another person, you may be thinking that you have to go to court. However, this isn't always going to be the case. In fact, a majority of these cases are handled through a settlement between your attorney and the insurance company. There are cases, though, where the court process is involved. Here are four things you should know about this:

  1. There's a Time Constraint: Most states are going to have a time constraint on how long you have to file a complaint in court. This is usually within two years. This means that if the settlement process is not handled within this time, it's already too late to file a complaint with the court. Work with your attorney to determine whether or not it's better to file a complaint rather than continue with the process of trying to settle so that you don't run out of time to do so. 
  2. The Defendant is Served: Once you have filed a claim, the defendant is going to be served. At this point, they usually have a month to respond. If they do not respond, the court will go over the complaint you have made and determine an outcome without any word from the defendant, which usually works out better in your case. However, if they do respond, then they go through the discovery process. This is when the insurance company has time to ask questions and build a case for themselves. This is usually when your social media sites will be searched through, so always be sure that you never post anything that could be held against you until this process is over. 
  3. Mediation: Next, meditation is going to be scheduled. This is basically the process of trying to come to a settlement. However, a mediator will be present to help with the process. In many cases, the situation is resolved here. 
  4. Court: If your case was not settled in mediation, then you will go to court, which can take time before it gets here, so it's always best to avoid getting to this point. However, your attorney can help you decide whether or not it's worth it to continue forward to court. 

When you know these four things about how the court process works, you can better understand how complicated these cases can get and why it's always best to have an attorney help you move through it to prevent time issue problems and more. Contact injury attorney services near you for more information and assistance.