As the accident victim, you can begin the legal process at a time of your choosing, provided that you file your case before the statute of limitations expires. Before filing the complaint, your personal injury attorney will need to fully investigate what happened to you and build the case that you need to file a credible lawsuit. Your attorney will summarize the facts in a legal complaint that they will file with the court and serve it on the other party. This filing is what begins the lawsuit process.
Usually, the insurance company is representing the defendant in the case. If the defendant has an insurance policy, the insurance company has a duty to defend the policyholder. The insurance company hires a defense attorney who will fight against you in the legal process.
Once the complaint is filed, the clock begins to tick for the defendant to file their answer in the case. They will give their own version of the facts and may deny the allegations that you have made. The defendant has thirty days to file their answer, although they may ask for an extension.
The Important Parts of the Case Occur Before a Potential Trial
There is quite a bit that will happen between the time you and the defendant make your initial filings and when your case will go to trial. Each party to the case can file motions. You can expect the defendant to file a motion to dismiss the case, and it will take time for the judge to rule on the motion.
While you may think that a trial is the most crucial part of your case, the important parts of the process really happen well before the trial. The bulk of your case actually occurs during the discovery process. Each party has evidence in their hands that they must turn over to the other to help them build their case.
Depositions Are a Key Part of the Personal Injury Process
When you have filed a car accident lawsuit, you can strengthen your case by obtaining factual evidence from the other party. Depositions are a valuable tool that your personal injury attorney has to learn more about what happened to cause the accident. If liability is in dispute, your car accident lawyer will have access to the other driver. They can question the defendant and any other witnesses the insurance company may use to defend against your lawsuit. At the same time, the insurance company has the same access to you. They can ask you questions about what you did in the events surrounding the accident. You may have to answer questions under oath for up to seven hours with your personal injury attorney present.
You will also need to prove your damages because you have the burden of proof to demonstrate your own damages. The questions you are asked may also center on your life since the accident and the effects that your injuries from the accident have had on you. Expect that the insurance company may try to poke holes in your case to minimize your injuries and extent of your damages because they want to pay less.
Your Case Would Likely Settle Before it Goes to Trial
Your car accident attorney will have a strong sense of where your case stands at the close of discovery. There is a strong chance that this is where both sides will have a motivation to intensify settlement discussions. You can expect to have negotiations while the case is pending at various stages of the litigation. The insurance company may make you a settlement offer if their motion to dismiss the case is denied. If they see that you have built a strong case in the discovery process, they may make you a higher settlement offer because they will fear facing the jury. There may simply be too many risks for them to bear.
There is a high likelihood that your case will settle before you ever reach a trial. Only about 5 percent of personal injury cases will ever go in front of a jury. Both you and the insurance company likely want to settle the case to reduce your own respective risks. If you need extra help, or if the trial judge decides that it is necessary, you may sit for mediation with the defendant.
If You Cannot Settle, You Would Go to Trial
If there is no resolution to your case during negotiations your personal injury lawyer will present your case to the jury. Your personal injury attorney will be allotted a certain amount of time to make your case, and the defendant will get the same. At the conclusion of the case, the jury will reach a decision about liability. If you win your case, the jury will also determine how much you may receive in damages.
The prospect of litigating your case may give you more leverage in settlement negotiations. You will not have this option available to you if you do not have a personal injury lawyer who can fight for you every step of the way. When an insurance company sees a tough and determined attorney standing up for you, they may be more unwilling to use hardball tactics with you. They will treat you with more respect than they otherwise would if they saw you try to approach them on your own.
Hire A Personal Injury Lawyer Today
A personal injury lawyer provides you with tough and engaged representation when you have suffered an injury by someone else’s carelessness. They will fight tirelessly for you when you need them. All it takes to hire a personal injury lawyer is a phone call, a free consultation, and a promise to pay them only if and when you win your case by receiving a settlement or a jury award.
Don’t risk your chances of receiving the compensation you deserve. Call a personal injury attorney today and take the first step towards securing your future.