This form is a sample separate answer filed by the defendant in a personal injury claim.
California Separate Answer - Personal Injury Accident
State:
Multi-State
Control #:
US-PI-0133
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Separate Answer - Personal Injury Accident?
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FAQ
The insurance company writes a check. The insurance company will then issue a settlement check that will be written under your name. Your lawyer will review the check once received. In California, the insurance company must pay and issue a check immediately after all parties agree and accept the settlement claim.
For California personal injury cases, the statute of limitations is generally two years. This means that lawsuits must be filed before two years have elapsed since the date of the event that caused the injury.
You might still be able to get compensation if the accident was partially your fault. However, the amount you can collect may depend on how much fault the insurance company or a jury assigns to you. Our firm can help you navigate the challenges of seeking compensation after an accident.
California allows all parties to press charges no matter their fault rating. Under pure comparative negligence guidelines, the fault rating each party possesses represents the amount of money taken away from their compensation. For instance, a driver who is 60% at fault can still file a personal injury claim.
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
If you decide to file a response, you must file it in the same courthouse where the lawsuit was filed. The address should be on the papers you were served by the plaintiff. Make sure you take your original plus at least 2 copies to the clerk's office to file. You will have to pay a filing fee to file your papers.
You can sue the driver and owner of the car who hit you for the property damage as a result of a motor vehicle accident. Your neighbor's dying tree falls over in a storm and causes a lot of damage to your garage. Your neighbor's negligence (lack of care) caused and resulted in damage to your property.
California's Comparative Negligence Law In other words, if you are wholly responsible for the accident, you may not be compensated for your injuries; however, if you are only partly responsible for the accident, you may be entitled to receive compensation from the insurance company for your injuries.