How Do I File a Lawsuit?
To file a lawsuit you should know that the one filing the lawsuit is called the Plaintiff and the one being sued is the Defendant. Both the Plaintiff and the Defendant are a "party" to the lawsuit.
The Plaintiff can be a person at least 18 years old, an adult guardian or parent of a minor, a business partnership, a company or a corporation.
The Defendant can be any person, business or corporation.
If the Plaintiff or the Defendant is a corporation, the corporation may be required by law to hire an attorney.
Statute of Limitations on Filing
In any state, there is a window of opportunity for filing a claim or a lawsuit. Simply stated, you can't wait too long after an accident to file, or you'll lose the right to be compensated. The legal term for the rule prohibiting you from waiting beyond a specified time period is a "statute of limitation." The time period during which you must file a lawsuit changes based on the type of claim you are making.
There are basically five areas in the treatment of any claim by insurance companies:
- Verify whether the policy was active at the date of loss and if the claim against the insured falls within the terms of coverage.
- Assess the range and extent of the claimant's allegations.
- Determine on the legality and credibility of the claim and claimant.
- Determine how much it will cost to resolve a third party claim and/or how much it will cost to defend a third party claim in a trial.
- Decide if they will settle a claim outright or go to trial.
If you are the claimant, it is imperative that you understand how the players within the insurance system play in order to collect settlement and payment for damages. Following are five (5) issues to consider and understand in dealing with the insurance adjuster:
- Who's Who within the insurance system
- How insurance adjustors defend themselves
- How to avoid "bad faith" traps and unfair settlement techniques
- How to prevail within the system
Generally, there is a range of techniques that an adjuster might utilize in dealing with you as a claimant:
- Lowballing settlement offers
- Excessive delays
- Stonewalling
- Intimidation
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