The Different Stages Of A Car Accident Lawsuit
A car accident can be a traumatic event. Along with injuries sustained, dealing with the insurance claims and the repairs can be very stressful. If your accident was due to someone else’s negligence, you have the right to be compensated financially for your loss through a personal injury lawsuit. Yet a lot of car accident victims do not understand the detailed process involved.
Author:Velma BattleReviewer:Michael RachalJun 23, 20243.2K Shares45.1K Views
A car accident can be a traumatic event. Along with injuries sustained, dealing with the insurance claims and the repairs can be very stressful. If your accident was due to someone else’s negligence, you have the right to be compensated financially for your loss through a personal injury lawsuit. Yet a lot of car accident victims do not understand the detailed process involved.
The decision to go ahead with a car accident claimand a lawsuit is a big one. This initiates long legal procedures that involve a lot of paperwork, discussion, and maybe a court case. Therefore, before doing anything else, you should talk to a professional personal injury lawyer who will help you determine whether a lawsuit is necessary. They can advise you if you have sufficient grounds and a reasonable chance of recovering damages.
Initial Consultation
The first step is to have an initial consultation with a personal injury attorney. They will provide an assessment of the facts of your case and an evaluation of whether you should proceed by actually filing a lawsuit. In order to do this, it may be necessary to furnish such things as the accident report, your medical bills, estimated costs to repair your vehicle, and copies of any correspondence from the insurance company. Most attorneys offer free initial consultations for personal injury cases.
Filing The Lawsuit
Once your attorney agrees to take your case, they are going to file the official paperwork to sue and the legal complaints against the other driver(s) in court, which starts the legal proceedings. The defendant(s) would then have time, as outlined by your state's laws, to respond to the lawsuit.
The Discovery Process
After the lawsuit complaint is filed and the defendant responds, both sides enter the “discovery” phase. This is an open exchange of all relevant case information, documents, records, photographs, and other evidence. Depositions are taken of all involved parties and potential witnesses, in which they give sworn testimony regarding their recollection and account of the details and circumstances of the accident.
Settlement Negotiations
The vast majority of car accident lawsuits never go to trial. Instead, they are settled through private settlement negotiationsthat take place after the discovery process ends. Your attorney and the defendant’s legal representatives negotiate back-and-forth about what a fair settlement amount may be given the evidence and damages. If they agree on a number to settle with that your lawyer feels is fair to you, you can finish the settlement, and the case is closed without going to trial.
The Trial
For the rare ones that can't be settled, a trial is required. This is the most complicated and involves a great deal of preparation, including:
- Filing of Motion: Before trial, motions were filed with the court by parties respecting evidence, witnesses, etc. The rulings of the judge on these motions may substantially affect each party's case.
- Jury Selection: A jury is selected by voir dire to eliminate prejudicial or compromised jurors. The parties may challenge prospective jurors for cause or by exercising peremptory challenges.
- Opening Statement: Each attorney presents an opening statement of their case and the evidence that they expect to produce. Each of these statements provides a road map for the jury with respect to the case.
- Witness Testimony: A majority of trials are spent on the examination of witnesses, which may include the plaintiff, experts, and any eyewitnesses. Either lawyer can cross-examine the opposing side's witnesses.
- Expert Testimony: They are very important witnesses who testify about medical issues, accident reconstruction, and the financial impact. Your experts may be medical, accident reconstruction, or economic experts.
- Closing Arguments: With evidence presented, lawyers then make their closing arguments, where they sum up the case and arguments. They point out their strengths and why the jury should find in favor of their side.
- Jury Instructions: The judge charges the jury on the appropriate laws and legal criteria they are to follow in deliberation. It means that these instructions, therefore, guide the decision-making process of the jury.
- Verdict: After deliberation by the jury, a verdict is given for either the plaintiff or defendant. If for the plaintiff, the jury also returns the number of damages.
- Appeals: Generally, an appeal to a higher court can be made by dissatisfied parties based on mistakes in law. Appeals generally do not involve a reassessment of the evidence that was before the trial court.
Conclusion
As detailed above, car accident lawsuits have several distinct stages that are difficult to navigate, especially while nursing injuries. A seasoned personal injury attorney is absolutely critical to fight on your behalf and recover the maximum amount to which you may be entitled. Realistic expectations about the legal process are also beneficial.
Velma Battle
Author
Travelling Expert
Michael Rachal
Reviewer
Travelling Expert
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