Following a car accident, injured individuals may be able to collect compensation from other parties. However, even in cases where the injured individual feels that their claim against another driver is clear, getting a fair settlement can be extremely challenging. Insurance companies aren’t eager to pay large sums and often make offers far below the actual value of a claim.
Fortunately, Auto Accident Injury Lawyers can help those injured in car crashes get a fair settlement. Part of the benefit of having a lawyer represent you in your car accident case is that they can offer guidance as you navigate the legal process. Here is some information for anyone seeking to collect damages or compensation following a car accident-related injury.
Before the Lawsuit
In many cases, your lawyer’s role will involve negotiation with the responsible party or their insurance provider. This process typically occurs before you and your attorney take formal legal action, such as filing a lawsuit. In some instances, you might be able to negotiate a settlement that meets your needs and offers fair compensation for your injury. However, these negotiation efforts often prove unproductive because insurers will argue against the total damages you sustained in the accident or may claim that you bear more responsibility for the crash and, therefore, can’t collect.
If your lawyer believes that the settlement discussions won’t end in a reasonable offer, proceeding with a lawsuit will often be your best option. The legal process will begin with your lawyer serving as your advocate and representative.
The Steps Involved in a Personal Injury Case
Personal injury cases will all differ based on the specific facts involved. For instance, there might be one other party or multiple other drivers involved in a crash. The issue of fault might be settled and obvious; in other cases, it will be under dispute. While the details may make each case unique, these are the general steps each case will likely follow.
Step One: Initiating the Lawsuit
The process begins with the plaintiff filing a complaint. Your attorney will draft this document, which will detail the car accident and legal claims that you are making. Drafting a complaint involves careful evidence gathering so that your lawyer can put together the strongest claim possible. You will likely need to gather documents that support your case, including medical records and bills. These documents will help your attorney place an estimated value on your case, among other things.
Step Two: Defendant’s Response
After you file your case, the defendant must file their answer to the complaint. The response will usually be due within a month. In their answer, they will need to address the allegations and present any counterclaims or defenses.
Step Three: Discovery Phase
After the defendant responds, both parties will enter the discovery phase. During discovery, you and the opposing party will continue to collect evidence. You will need to provide documents to opposing counsel and will have the opportunity to request documents from them. Both sides will be able to conduct depositions, which are a type of formal interview. You might need to sit for a deposition and answer questions, as may the other party, your medical providers, witnesses, and experts. This stage of the case can take months or longer, depending on the case.
Step Four: Negotiation and Potential Settlement
You might have heard that most cases do not go to trial. After the parties conduct discovery, the lawyers often have a better idea of the value of the case and how much your claim might be worth. Your lawyer will engage the other side in pre-trial negotiations with the goal of reaching a settlement.
Step Five: Trial Proceedings
If your attorney and the opposing counsel fail to reach a settlement, the parties will need to set a trial date. At trial, each side will present their case before a jury and judge. Once both sides close their arguments, the jury will render a judgment. If you are successful and the jury decides in your favor, they will then come up with an amount of damages that the defendant owes you.
Reach Out To An Experienced Auto Accident Lawyer
While the legal process is involved and complex, your lawyer can guide you through and fight on your behalf. For advice about your specific case, contact The Law Offices of Greg Prosmushkin, P.C. today.