What is the process of filing a vehicle rollover lawsuit?
Filing a vehicle rollover lawsuit in California begins with the injured individual, or their next of kin if the person is deceased, filing a complaint in the proper court. This complaint must explain the facts of the vehicle rollover, including date, time, and location of the incident and the type of injury or death that occurred. The complaint must also include claims against the party or parties who were responsible for the injury or death. Once the complaint is filed, the court will typically order both parties to attend a mediation session in order to try to reach an out-of-court settlement. If the mediation is unsuccessful, the case may proceed to trial. During the trial, the plaintiff must prove that the defendant was negligent in the vehicle rollover incident in order to collect compensation. This may involve presenting evidence and eyewitness testimony, as well as expert testimony. If the plaintiff is successful in proving the negligence of the defendant, they may be awarded compensatory damages. This may include compensation for medical expenses, lost wages, pain and suffering, and emotional distress. If the defendant’s fault is found to be particularly egregious or if there is evidence that the defendant behaved in a reckless or intentional manner, the plaintiff may also be awarded punitive damages. Once damages are awarded, the defendant must pay the plaintiff according to the court-mandated timeline and in the amount ordered by the court. If the defendant fails to pay, the plaintiff may file a motion to enforce the judgement.
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