So you want to file a personal injury lawsuit, but you don’t know what you are getting yourself into.
There are a variety of steps, stages and procedures involved in an accident lawsuit. From the car accident to receiving compensation, this process can take as little as a couple of months to as long as several years to settle.
There are three main stages of a car accident lawsuit. After reading this article, you’ll better understand what to expect and get one step closer to the compensation you rightfully deserve.
A Car Accident Lawsuit Goes Through These 3 Stages:
The pre-litigation stage is the time period immediately preceding an auto accident lawsuit.
During this time, the parties involved in the potential lawsuit will typically try to negotiate a settlement outside of court. If a settlement cannot be reached, the accident lawsuit will then proceed to litigation.
The pre-litigation stage can be an important time for accident victims, as it is often their best opportunity to get the compensation they need and deserve.
A skilled personal car accident lawyer can help accident victims during this process by collecting witnesses, negotiating with the insurance company on their behalf and helping them understand their legal rights.
The litigation stage in an accident lawsuit begins when one party files a complaint against another. The complaint must be served on the defendant, who then has a certain amount of time to respond.
In this complaint, there must be a demand for relief, which can be either money damages or some other type of remedy.
Once the defendant responds to the complaint, the litigation process can move forward in a few different ways:
- If the defendant chooses to ignore the complaint, the plaintiff may ask the court to enter a default judgment against the defendant.
- If both parties can come to an agreement, they may be able to resolve the accident lawsuit through a settlement.
- If the parties cannot agree, the case will go to trial.
The court will then set a schedule for the case, which may include deadlines for filing motions, exchanging evidence and appearing for the trial.
Trial and Appeal Stage
After an accident occurs, and a vehicle accident lawsuit is filed, the case enters the trial stage. This is where both sides present their evidence and arguments to a judge or jury, who will then decide how to proceed.
During the trial, you can expect the other side to do everything they can to discredit your accident case and evidence. They may try to poke holes in your story, question the validity of your witnesses or experts, and argue that you are not actually as injured as you claim to be.
The good news is that you are not alone in this fight. You have a legal team on your side who knows how to handle these challenges, and who will fight for your rights every step of the way.
If you are not happy with the outcome of your trial, you can always file an appeal. This is where a higher court reviews the case to see if there were any legal errors made that could have impacted the outcome.
If you’ve been in a car accident, you need a personal injury attorney that will advocate for you every step of the way — Sandel Law Firm can do just that.
We handle every aspect of your automobile accident lawsuit so that you can focus more on healing and less on stressful legal matters.
Don’t wait – contact us today for a free consultation.