A. The parties to a legal dispute can decide to settle at any time. A settlement can occur before a lawsuit is filed or any time after it is filed. In fact, there are lawsuits that settle in the middle of trial and even after trial, prior to an appeal being heard.
Q. Do I have the right to have a trial?
A. Yes. If a party does not choose to settle a lawsuit, he/she may elect to proceed to trial. In most cases, the parties have the right to a jury trial. If both parties agree, the trial may be decided by a judge and without a jury.
Q. What happens after a lawsuit is filed?
A. The Plaintiff (the party filing the lawsuit) must have the lawsuit served on the Defendant (the person being sued). The Defendant then has 30 days to file a written response to the lawsuit. The parties then have the right to perform "discovery" in regard to the allegations each side is making against the other. If the matter is not resolved, the court will set a trial date, or order that the matter proceed to arbitration or mediation. The entire process can take one year or more.
Q. What is the "Discovery Process"?
A. The discovery process allows each party to a lawsuit to find out, or "discover," the details of a claim or position presented by another party, including the facts supporting such a claim or position. For example, parties are entitled to learn from each other the identities of any witnesses and to obtain certain documents, photographs and videotapes concerning the subject matter of the lawsuit. Discovery is performed in a variety of ways, including depositions (the oral testimony of a party or witness given under oath), interrogatories (written questions that are answered in writing under oath), requests for documents and requests that the other party admit matters in writing under oath.
Q. What is "Mediation"?
A. Mediation is a process through which the parties to a legal dispute attempt to resolve their differences in an informal setting. The parties agree to utilize the services of a neutral third person, such a retired judge, to consider their positions and to assist in working with the parties in an effort to reach a settlement. A mediation session is typically held in office setting and not in court, without a strong adversarial element. The mediator makes no rulings or decisions, and a settlement is reached only if agreed to by all parties. If no agreement can be reached, the mediation session simply ends.
Q. What is "Arbitration"?
A. Arbitration is a hearing that resembles a trial. The parties may call witnesses, introduce evidence and object to proffered evidence. Unlike mediation, at the end of the arbitration hearing the arbitrator issues an award. That award is either "binding" (permanent) or "non-binding" (may be rejected). It is binding if the parties agree before hand that the award will be permanent, such as in a contract executed by the parties prior to dispute. If the court orders that the parties participate in arbitration, it is typically non-binding and either party may reject the arbitrator’s award and proceed to trial.
Personal Injury
Q. If I am injured in an accident, when should I contact an attorney?
A. It is best to contact an attorney as soon as possible following an accident. Usually, the initial consultation is without charge and your rights will be better protected. For example, an attorney will likely advise you on matters relating to the preservation of important evidence and the pitfalls of giving recorded statements to overzealous insurance personnel representing the person who injured you. The attorney will also address the important Statute of Limitation that applies to your case (the deadline you have in which to file a lawsuit).
Q. In a personal injury case, is my recovery limited to the insurance policy limit of the person who injured me?
A. No. If your damages exceed the insurance policy limit of the person that injured you, after trial you may recover from the personal assets of that person any amount in excess of the policy limit. You may also make a claim to your own insurance company for uninsured or underinsured motorist benefits (see below).
Q. What are "Uninsured Motorist" and "Underinsured Motorist" coverages?
A. These are coverages available as part of your own automobile insurance policy which provide you with benefits should the person who injures you in a motor vehicle accident not have insurance ("uninsured") or has an insurance policy limit that is insufficient to fully compensate you for your damages ("underinsured"). You may recover monetary benefits from your policy to the extent you are not responsible in causing the accident.
Q. What if my insurance company is unresponsive to my claim or unreasonably denies my claim?
A. When you present a claim to your insurance company, the company is obligated to treat you fairly and in "good faith." This means that they should not unreasonably delay the processing of your claim or deny a valid claim. It is not uncommon for an insurance company to reverse its position when contacted by legal counsel or when provided with additional information. If you believe you have been unfairly treated by your insurance company, seek the advice of an attorney.
Q. Can I file a lawsuit against a public entity, such as a city, state or federal agency?
A. Yes. However, typically you must comply with the claims filing requirements first. This means you have to submit a claim to the public entity soon after the accident. For example, in order to sue a city or the State of California, you must submit a claim to the public entity within 6 months of the accident. If you do not, it is likely that you will not be able to file a lawsuit against that entity later. This highlights the importance of consulting with an attorney as soon as possible following an accident.
Probate
Trusts
Will Contests
