Do You Need A Process Server For Your Personal Injury Claim?
The answer to this questions is, “sometimes”
Being aware of why this is the case and speaking with a California personal injury lawyer at Maire & Deedon regarding your personal injury claim will allow you to obtain the best possible legal outcome.
What Is A Process Server?
A process server is an individual whose job it is to deliver court documents to people.
Within the state of California, a third party must be the one to serve the papers regarding a claim. So, if you would like to sue someone for a personal injury claim, you cannot deliver that individual their summons or complaint.
For example, if you are suing a particular individual for their role in an injury you received, then a process server would find that individual and hand them their summons/complaint.
In order for someone to be a process server in California, they must meet the following criteria:
- They are not involved in the claim as a legal party.
- They are at least 18 years old.
- They can complete a proof of service form.
- They can serve the documents within the time required.
- They can return the proof of service form after the documents have been served.
Every one of these criteria must be met for someone to serve the relevant documents to the other party in a personal injury case.
How Can A Process Server Serve The Documents That Pertain To Your Personal Injury Claim?
A process server can take a wide variety of actions to serve the documents that pertain to your personal injury claim. Some of the most notable of these actions are as follows:
- Going to the individual’s home and serving them the papers right there.
- Going to the individual’s place of employment and serving them the papers right there.
- Serving the individual with their papers in public.
Outside of those three actions, a process server can also drop the papers in front of someone who does not wish to touch them and, in doing so, say that they have been served.
Does Requiring The Services Of A Process Server Mean That Your Claim Will Go To Court?
The answer to the question above is “No.” And, the reason for this is that many personal injury claims are settled without going to court.
Instead, when an individual is served, due to their role in a personal injury lawsuit, they are simply being notified of the legal proceedings that have been set against them.
A variety of responses are available to someone with legal proceedings against them. Some of these responses center on dealing with the claim out of court, thereby resolving the matter.
Even though this is quite common, some personal injury claims can turn into lawsuits. This often occurs if the people involved cannot come to an arrangement they both agree with.
Speak With A Northern California Personal Injury Lawyer Today
If you have been injured by someone’s negligence, then you can, and should, obtain compensation. Speak with a Northern California personal injury lawyer at Maire & Deedon today, and we will assist you in doing so.