When you want to take legal action after an accident in Oklahoma, you generally have two options: filing an insurance claim out of court or filing a lawsuit. There’s benefits and drawbacks to both options, but our team at Ylla Gosney, Attorneys at Law will be there to guide your decision-making. Contact us today for a free consultation.
Why Would You Need to File a Lawsuit?
In most accidents, the starting point is filing an insurance claim. This has a few benefits, namely that it gives you faster access to a settlement. The reason for this is that it’s much less formal than a lawsuit, which is a court action.
The problem with an insurance settlement, though, is that it’s totally controlled by the insurance company. They get to decide what your claim is worth and what they offer you in a settlement (if they offer you one at all.) This is the main reason why you would need to file a lawsuit: to have a better chance at getting full damages to cover your injuries and other losses.
How Does the Lawsuit Process Work?
Like our video says, a lawsuit isn’t something that necessarily happens quickly. We want to be fully prepared if we need to file a lawsuit on your behalf, and that means having everything lined up and ready, from your story to who you need to file it against.
With that said, though, there’s a general process in place that we have a lot of experience with:
- Filing the lawsuit – This is the first step in starting the legal process. We put together a “Complaint” to the court, which explains why you’re suing someone (the defendant) and what you’re asking for, specifically all the damages related to your injuries. Once the Complaint is filed, the case is formally opened.
- Serving the lawsuit – After filing the lawsuit, the next step is to “serve” the defendant. Serving means giving the defendant a copy of the complaint and any other legal papers related to the case, like a summons or discovery requests. This makes sure the defendant knows they are being sued and gives them a chance to respond. Service is usually done by a professional, like a process server, or sometimes by mail, depending on the rules.
- Notice of appearance – Once the defendant knows about the lawsuit, their lawyer typically files a “notice of appearance.” This is a filing letting the court and you know that the defendant has a lawyer representing them in the case.
- Answering the lawsuit – After the defendant is served, they have to respond by “answering” the lawsuit. This is their official reply to the Complaint. In the answer, the defendant can either admit, deny, or say they don’t know about the things you’ve claimed. They might also provide their own version of events or raise legal defenses to explain why they shouldn’t be held responsible. If they don’t formally answer in time, you automatically get your damages, but this is extremely rare.
Remember, every lawsuit proceeds differently. While your lawsuit will certainly include these steps, it’s hard to predict what will happen once your suit is in motion. That’s where our experienced team’s legal support is crucial. We’ll be there for you throughout the entire process to make sure things go your way.
Choose Ylla Gosney for Help After an Oklahoma Accident
If you’ve been injured because of someone else’s carelessness in Oklahoma, it can seriously disrupt your life. Our team at Ylla Gosney is ready to guide you through the claims process, gather the right evidence, and work towards a fair settlement. Contact us today for a free consultation to get your claims process started.
