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Involved In A Car Accident? Here’s What To Expect In A Lawsuit

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After a car accident, you’ll likely need to appear in court and file a lawsuit if your case isn’t handled through an insurance claim. You must initiate the pre-trial procedure and file your case in the “regular” civil court, possibly with a personal injury attorney, if you wish to receive more compensation than your state’s small claims court limit. This article explains how these lawsuits begin and what to anticipate throughout the initial phases of your auto accident lawsuit.

Legal Assistance:

Car accident lawyer, Michael Hoosein says you need an expert lawyer at your side to help you navigate the time-consuming car accident lawsuit process while you concentrate on getting better from your injuries. Contacting a car accident lawyer who is familiar with the complicated state laws surrounding car accidents is highly recommended over trying to claim compensation yourself. When feasible, your attorney would investigate the accident scene, hear your story of what happened before the incident, and highlight information from your collision report. They will handle everything on your behalf, so you can focus on healing from your injuries.

Initiating the Lawsuit Process:

You must take specific steps after an accident to ensure you receive the compensation you deserve. Receiving the proper medical care is the most crucial action to take after an automobile accident. Following a collision, you should inform your insurance company of the incident. Do not accept any compensation offers or admit fault while reporting your accident before speaking with a knowledgeable auto accident attorney. 

Once you have followed these precautionary steps, your attorney will initiate the lawsuit process. The steps generally include:

  • Filing The Complaint: A civil court case begins when you, the “plaintiff,” file your initial document or the “Complaint.” Every aspect of your argument against the other driver is laid out in this document. The parties involved in the case will be identified, the facts supporting your charges will be stated, and each element of your claims will be presented and supported.
  • Process And Service: The process includes serving the defendant with a Summons and a copy of your Complaint, along with a deadline—usually a month—by which they must respond to your claim. The “Service of process” requires you to deliver this process to the defendant. The guidelines for how the process must be served differ from state to state.
  • Defendant’s Answer: The defendant must submit a response after being served with a complaint, typically referred to as an “Answer.” The defendant presents their legal defenses in this Answer in response to the claims made in the Complaint.

The Settlement Timeline:

Although all accidents differ in their nature, there are common stages to all lawsuit procedures. These are:

Discovery:

The discovery phase of a vehicle accident lawsuit follows the filing of the initial documents. During this phase, your lawyer will start exchanging documents with the other party and requesting materials from them in an attempt to strengthen your claim and the amount of compensation you are asking for.

Negotiation And Mediation:

When appropriate, the attorneys will start talking about a potential settlement. Mediation may be requested if the two sides are close and cannot come to an agreement. A mediator who is impartial and who promotes negotiations without adding his or her perspective is present during a mediation along with both lawyers.

Trial: 

A trial will be set up if mediation is unsuccessful and a resolution has still not been found. The trial date is typically set for six months or even a year. Both sides will provide their opening and closing remarks, presenting witnesses and occasionally specialists to testify. Your attorney may be required to establish negligence and connect it to the particular incident in a lawsuit involving a car accident. After careful deliberation, a verdict follows this stage. 

Final Thoughts:

The amount of money you deserve and the offer made by the insurance company are likely to differ significantly, especially when the accident was serious or liability was disputed. Your lawyer may opt to formally start the car accident lawsuit procedure by filing a legal complaint. This is especially true when you and the insurance company cannot agree on the proper amount of compensation to which you are entitled.

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