After your accident you need compensation to offset your losses, including your medical bills, lost wages, pain and suffering as well as your mental anguish. Other than that, though, you might struggle to comprehend what all goes into the process. That’s okay. It’s normal for car accident victims who have never stepped foot in a courtroom to know what the legal process looks like. That’s why in this post we want to lay some of the framework so that you know what to expect as you proceed with a personal injury lawsuit.
Filing your claim
To start the legal process, you’ll need to file your complaint. This legal document will spell out what happened to you, who is to blame and the damages that you seek. Your claim will need to meet all legal requirements and speak to all applicable legal elements, otherwise a defense attorney may swoop in and attack it as being legally insufficient on its face.
Receiving the defendant’s response
Once you file your complaint, the defendant will have the ability to file a response. Here, they’ll either admit or deny the allegations, and they’ll also raise defenses that they intend to present in court. This can include arguing that you contributed to the accident. This response will give you an idea of what you’ll be up against as you head into trial.
Engaging in discovery
With the initial pleadings filed and the matter set for trial, you and the defense will engage in discovery, which is the process of gathering information from the other side. This can include requesting relevant documents, asking the other side to admit or deny certain facts and deposing witnesses. This process can feel cumbersome at times, but it really sets the stage for litigation and the arguments you’re best positioned to make. If you’re not careful, it can also give the defense evidence to attack your claim, such as if you stumble through your deposition and make contradictory statements that can then be used to attack the reliability of your assertions.
Settlement negotiations
As you inch closer to trial, you’ll likely engage in settlement negotiations with the defendant. While most personal injury cases end up resolving at this stage, you shouldn’t be too quick to sign off on a settlement agreement. Instead, you need to carefully analyze the facts of your case and the strength of your legal arguments while considering the size of the offer in light of the damages you’ve suffered. Only then can you make an informed decision about whether the settlement offer is acceptable or if you’re in a stronger position to negotiate for more or secure more compensation at trial.
Heading to trial
If you can’t reach resolution through negotiations, then your case is bound to head to trial. There may be some pre-trial motions that have to be filed at this stage, such as to exclude evidence or to seek summary judgment, but you should anticipate courtroom litigation at this point. You’ll want to work closely with your attorney throughout your case to ensure you have a strong legal strategy heading into court.
Take control of your personal injury case
We know that even this brief overview can make the legal process out to be burdensome. But while you may be feeling overwhelmed in the moment, don’t let it crush you to the point that you fail to act. After all, you can take control of your case by exhibiting legal knowledge and crafting strong legal arguments.