There are three alternatives to file a traffic accident complaint, the Local Police Court, the Guarantee Court, and the Civil Court.
The Local Police Court is responsible for filing the civil claim for compensation for damages. As established by current legislation, it must be filed jointly with an infringement complaint; it must be done with the sponsorship of a personal injury lawyer.
The Court of Guarantee is responsible for knowing criminal cases, so it is appropriate to go to this court when the accident sets a crime, for causing injury or death.
The Civil Court is competent to hear lawsuits for traffic accidents when no civil suit has been filed in the Local Police Court, or it has been filed after the deadline or if it was filed it was not notified within the legal deadline.
Below are some things you should know when filing a claim.
The Steps to File Civil Lawsuits for Traffic Accidents
The civil claim for compensation for damages due to traffic accidents must be filed within the limitation period, which is 6 months for this matter. You need the lawyer’s sponsorship for their filing. It is presented in writing, describing the facts of the accident and accompanying a copy of the police record.
In the cases in which the police authority sends the certificate to the Local Police Court, the civil claim must be filed in that contravention procedure, and the defendant must be notified 3 days before the trial.
What Are The Stages Of A Civil Lawsuit?
In the Local Police Court, a lawsuit is filed, the first thing the court does is admissibility test, verifying that it complies with the legal requirements of any written document and that it has been filed within the deadline.
Admitted to processing, the court will order the claim to be notified to the opposing party and at the same time, will set day and time for the performance of a hearing. The plaintiff may submit the witness list up to 3 days before the trial.
In the trial, the judge will call the parties to conciliation. If there is no agreement between the parties, the comparison must continue. The parties must present all their means of proof in that case.
The Deadlines of a Traffic Accident Trial
In a traffic accident trial, the first thing that is done is to summon to the parties to file a statement with the prosecutor. Then, an investigation of the facts will be carried out and the presumed responsible will be formalized so that he can also develop his defense. In this process, the parties are offered the possibility of agreeing to close the case, an agreement that consists of repairing the damages and injuries caused.
If an agreement is not reached, the trial must continue and will end with a possible conviction to the driver responsible for the accident. This judgment the idea of the legislator is to be brief, and will not exceed more than 1 year. Do you need help filing your complaint? Contact a Staten Island personal injury lawyer to help you.