Legal Question in Personal Injury in California
If a driver has filed a lawsuit against us and the insurance company is trying to settle, is there a statue in which a judgment has to be made or can it go on indefinably until a judgment is made? We want to purchase a house and it will be 2 years this year, we are wondering if they can go after us still or how payment will be made?
1 Answer from Attorneys
Under California law, a case must be brought to trial within five years of its filing. If there is no settlement, judges usually try to get the case to trial as close to one year after filing wherever possible.
The plaintiff cannot levy on your wages or bank accounts unless there is a judgment in the plaintiff's favor. If your insurance carrier settles, then it will send a check to plaintiff's lawyer. It usually will have the plaintiff sign a release of all claims against you.
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