When your medical treatment is complete, and you have been discharged from medical care, your attorney
will create a demand package to submit to the defendant’s insurance company. Once the insurance company
has evaluated the demand, they will contact your attorney and start settlement negotiations.
The initial settlement offer is almost always the lowest offer. But once an offer is made on a case, your
attorney must contact you to relay the offer, counsel you on the value of your case, and advise whether or
not you should accept the settlement offer. Then the attorney will begin to negotiate on your behalf. If
the settlement negotiations are unsuccessful, a lawsuit will need to be filed.
If you have suffered minor or catastrophic injuries in Fresno, CA, you have two years from the date of
your injury to file a lawsuit. Once a lawsuit is filed, you must serve the defendant and file a proof of
service with the court within 60 days of having filed the complaint.
From the date of service, the defendant must file an answer to the lawsuit within 30 days of being
served. Once the defendant files their answer, your lawsuit will begin to take its course. Litigation can
take several months or over a year before your case actually goes to trial.
Arbitration is an alternative dispute resolution technique that is quite similar to litigation. Both you
and the defendant must present your cases before an arbitrator, which both parties choose and agree upon.
Arbitrators have more years of experience than the standard judge. They will take into consideration all
of the factors of the personal injury accidents when making their ruling. Arbitration is commonly a faster
process than litigation and has fewer costs, so it should be explained by a personal injury attorney in an
alternative dispute resolution