Written by Parnall Law Firm reviewed by Bert Parnall Car Accident Articles
Owner/CEO at Parnall Law Firm
Not every incident results in a legal proceeding, but certain circumstances make it necessary, especially when liability, injuries, or compensation are in dispute. If you’re wondering why I have to go to court after a car accident, you’re not alone.
At Parnall Law, we understand how overwhelming the aftermath of an accident can be, and the prospect of going to a tribunal may seem intimidating. Gaining insight into why and when a trial appearance might be required can help you feel more prepared. In this article, we’ll break down the circumstances in which your presence is needed, explain the summons process, and discuss the possibility of settling outside the setting.
A formal notice that a lawsuit has been initiated against you or that your presence is required in a proceeding. You may receive one if your disagreement cannot be resolved amicably. This document outlines the reasons for the legal action and provides important details about when and where to appear in the legal forum.
Failing to respond to them can lead to serious consequences, including a default judgment in favor of the other party.
In New Mexico, summonses must adhere to strict procedures to ensure they are properly delivered to the individual named in the claim. For example, they must be personally served or sent via certified mail, in full compliance with court guidelines. Ignoring them could lead to the proceeding without your input, which can harm your case.
Summonses in civil circumstances are governed by Rule 4 of the Rules of Civil Procedure which summarizes the methods of serving them and the required content. For more details on this, you can refer to the official rule.
Most vehicle collision claims are resolved through settlements without the need for a trial. However, the court becomes necessary when certain conditions arise. Common reasons for attending a court proceeding include:
Many car crash disputes are settled through negotiations, often avoiding the time and expense of a court intervention. Nonetheless, a lawsuit may be the only option if discussions break down or an agreement cannot be reached.
You may present to the tribunal if disputes over accountability, damages, or agreements cannot be resolved through negotiation. Here are some common reasons why you might require a proceeding:
A trial becomes essential in situations where an impartial decision-maker, like a judge or jury, is needed to settle the matters between the parties.
For more information on the summons process and its legal implications, visit this resource.
Many car collision claims are successfully settled through negotiation without ever reaching the courtroom. This process, known as alternative dispute resolution (ADR), can save time and reduce legal fees. The process typically follows these steps:
Settling disputes outside of a court tribunal is often faster, less stressful, and more affordable than going to trial. To learn more about this topic, check out this information.
Hiring a car accident attorney is essential, especially if there’s a possibility that you will undergo a judicial review. Even if you plan to settle outside of court, having legal representation guarantees that your rights are protected and that you receive the compensation you deserve. They will help with:
You can avoid receiving an unfair result or being unprepared for the courtroom with proper guidance. Working with professionals increases your chances of a favorable outcome and reduces the stress associated with these proceedings.
At Parnall Law, we specialize in helping New Mexico car incident victims navigate their legal options, whether that involves negotiating a settlement or representing you in court. If you’ve been injured in an accident and need expert legal advice, reach out to us online or at (505) 268-6500 for a free consultation. We’re here to help you get the compensation you deserve, and we’ll guide you through every step of the process. From understanding your rights to managing the specifics of your case, our team is dedicated to supporting you through this challenging time.
Bertrand Russell Parnall is an Albuquerque native, salutatorian of the Class of 1988 at Albuquerque High School, and co-captain of the district football champion Bulldogs. He earned his undergraduate degree from Rice University with a double major in history and French, and his law degree from the University of New Mexico School of Law after coming home to Albuquerque.
Years of Experience: 27+ years
Justia Profile: Bert Parnall
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Bertrand Russell Parnall who has more than 20 years of legal experience as a personal injury attorney.
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