What’s the procedure of a car accident injuries lawsuit?
Have you ever been in a car crash and had to call a car accident attorney? Or have you been injured and had to call a personal injury attorney? If you’ve ever been in this scenario, you’ll know how painstaking, tedious and drawn-out the procedure can be. Mix the two together, and you have an entirely different thing all together. Thankfully, we’ve written up a quick guide to show you how the procedure should be. This will be from choosing the right auto accident lawyer to going through any kind of court procedure and receiving compensation.
Make a claim
Most car accident injuries start with a complaint or petition. There may also be a time limit for you to submit a complaint. A Personal injury attorney can help put in a petition on your behalf, advising you how and when you need to complete it. You, as the plaintiff, will set out the claim, damages and due compensation owed from the defendant.
The defendant and their insurance company will have a time limit to respond to the claim, and likewise, you will have a time period to respond to their counterclaim, if any. When the final claim has been approved, including any motions (change of court venue, date etc), then the trial negotiation, or mediation can begin. A mediation is an open discussion between the plaintiff, defendant and a third party to come and try to an agreement.
If no agreement has been made, then a discovery will be arranged. This involves the auto accident lawyer to question witnesses and other parties, which is called a deposition. Excessive questioning may be some of the tactics an auto accident lawyer may use to try and leverage the case towards their party’s advantage, whether the plaintiff or defendants.
Motion of summary
If sufficient evidence has been collected, your personal injury lawyer and you can file in a motion of summary which is all the information and evidence gathered about the events. If not, then your case could go to trial to smooth out any discrepancy or mismatching information.
If it’s a bench trial, only a judge will make a verdict. However it’s rare a car accident lawsuit makes it this far. More often, the defendant may wish to settle the case with you and your car accident attorney. In his case, the judge will be notified that your claim has been resolved. Most settlements are done in writing.
In conclusion, a car accident lawsuit is a long and paperwork-heavy process. It requires a petition to be made by the victim and personal injury lawyer, correspondence between the plaintiff and defendant through a mediation. It may also involve disposition and questioning, before a settlement can be made. However if you, as plaintiff, have a good car accident attorney and are sure of your claim, it could take just a few weeks before you get compensation.