A car accident lawsuit involves a series of stages and procedures from when the accident occurred to compensation. Navigating the car accident injury legal process may be stressful, expensive, and time-consuming for most people. You need to consider several factors before you can file for one.
It’s essential to understand the stages of a car accident lawsuit and know how to navigate them. Consider hiring a qualified expert with diverse knowledge and experience to assist in the process.
Read on to learn the various stages involved in a car accident lawsuit.
Pre-Litigation
You must first build your case, negotiate with the insurance company, and calculate the damages involved. This is a crucial stage since it’s the basis of your whole case.
Insurance companies quickly try to fix the situation by offering minimum settlements of money, referred to as nuisance value offers.
These offers are made almost immediately after the crash in a bid to take advantage of your situation before you can determine the actual value of the damage.
To build a strong case, you must first sit down with your lawyer to discuss the terms of your case. This action will help establish whether the case is a valid car accident lawsuit. It will also help you determine the right lawyer to work with.
The next thing you must focus on is gathering supporting documents and records. These include medical records and receipts that will enable the lawyer to gauge the extent of the damages caused.
In car accidents, the damage may be economic or financial, emotional, or any other intangible loss. Once the lawyer evaluates the damages, they can calculate the total compensation you should receive.
Litigation
Here, you formally file for a lawsuit and involve the court. You should provide the court with a well-crafted, written complaint. You should also pay a certain fee and serve the other party with your papers.
In discovery, you share your evidence, documents, and other information with the other party. This may seem odd since this is the same information you use against each other. However, both parties have a legal right to access that data.
You will answer a series of questions posed by the defendant called interrogatories. However, you are not obligated to share discrete information such as conversations with your spouse, doctor, etc.
During pre-litigation, your lawyer gathers testimonials from witnesses and other experts. In this next stage, the testimonies are formally presented as depositions. These are statements given to witnesses and yourself, taken under oath.
The opposing attorney will ask you questions concerning the case in this process. Ensure your responses are accurate and straight to the point for good results.
Being anxious during the deposition process is normal since you are unsure of the questions. However, your lawyer will prepare you and also be present to assist you during the process.
Trial and Appeal
This is the final stage in which you formally present your case to a judge and jury. The jury listens to both sides of the argument and comes up with a verdict. Depending on the case’s complexity, this process may take a few days or weeks.
If the jury rules in your favor, the trial will be over, and you will receive compensation. However, sometimes they may opt not to rule in your favor for various reasons.
In that case, you can decide to approach the court of appeal. This higher court allows you to appeal if you feel the jury made an error.
Final Thoughts
Car accident lawsuits can be complex, stressful, and time-consuming, involving multiple stages. As such, it is imperative to understand your rights and responsibilities when filing a car accident lawsuit. In addition, consider hiring an experienced lawyer to guide you through the whole process.
