After how long does a lawsuit expire?
To initiate a personal injury lawsuit, injured parties must work with an attorney to create and file a formal complaint in civil court. After filing a complaint, the parties must request that the court clerk issue a summons to serve the defendant. The process server serves the defendant and its insurance provider with a copy of the complaint, so that they are informed of the allegations against them.
Once the defendant files an answer, the case will move to the discovery phase or hearings may be set to address ancillary motions filed by either party. If the defendant’s answer raises a counterclaim, both parties will begin gathering documents, evidence and information for discovery.
If the defendant filed a motion to dismiss, the court may choose to hear arguments from either party. The court will then decide whether to grant the motion, dismissing the case, or deny it, and the case will move forward. If the motion is denied, the case proceeds to the discovery phase. If the court decides to dismiss the lawsuit, you will have the opportunity to amend your complaint and refile.
How long does an injured party have to claim his or her rights in Colombia?
We are lawyers specialized in obtaining the maximum compensation for traffic accidents. Our service offers you the best technical quality with no upfront costs. In this way, we take care of everything, guaranteeing comfort and peace of mind to the client during the process.
Conversely, it is highly recommended that both drivers sign the accident report. This derives from the fact that, once signed by both drivers, the friendly statement will be proof of what happened and how it happened, with the circumstances surrounding the accident being defined by the drivers involved. In this sense, it is necessary to read well and fill in the friendly report without haste, filling in as many fields as possible.
In any case, the duration of the traffic accident claim is not fixed, especially when we are in court. Depending on the Court, the time periods indicated may vary. Likewise, during the judicial process it is possible to reach an agreement that puts an end to the litigation.
How much is charged in an injury lawsuit
However, with the necessary knowledge, it is possible to obtain fair compensation. Money does not bring dead people back to life and does not always restore the victim’s health, but it does compensate in some way for all the suffering caused by these injuries.
If there is no insurance, the victim can only claim against the person directly responsible for the accident, i.e. the person who was driving the vehicle and the third parties civilly liable, as we will explain later. This makes things more difficult, as these people often do not have sufficient resources to be able to pay compensation for damages or even hide their assets so as not to be liable for the damages caused.
Before explaining how to find out if there is an insurance that can benefit you, it is necessary to specify what is a civil liability insurance taken out by one of the parties responsible for the accident. It is not the Compulsory Traffic Accident Insurance (SOAT) or a life insurance that you have taken or a tort liability insurance with which you have insured your vehicle. All these insurances may benefit you and should be reviewed, since the accident and its results may imply your affectation.
How long an insurer has to respond
As you speak with the representative, document the content of your conversation. Include the date and time of the phone call, the name of the representative and a summary of the conversation. To make sure you don’t forget any part of the conversation, you can take notes as you speak with the representative.
In some cases, whether the accident involves a private citizen or a commercial vehicle, neither party involved is responsible for the accident. For example, if the roads are wet or icy, and the other driver’s car slides into yours, the driver may not be responsible for the accident. The other driver may have been driving at a safe speed when hitting black ice or an oil slick, causing him or her to lose control.
In these cases, consult an attorney for advice on how to proceed. The best path forward may depend on the details of your insurance policy, the other driver’s insurance policy, or a combination of both policies.