Suffering an injury after an accident can seem overwhelming. On top of the stress and pain you are going through, you may face filing a lawsuit. A car accident attorney can give you the help you need. He or she will take you through the process one step at a time and prepare you for how your claim will proceed. Below is a list of the basic events in your lawsuit and what they mean.
Step 1 – The Summons and Complaint
After your car accident lawyer meets with you and investigates your claim, he / she will prepare documents called a Summons and Complaint. These documents officially start the lawsuit. From here on out, you'll be known as the plaintiff, and the alleged wrongdoer will be known as the defendant.
Step 2 – Service of Process
Your auto injury lawyer will arrange to serve the defendant with your paperwork. "Service of Process" is merely a fancy way of describing how the paperwork gets delivered to the defendant.
Step 3 – The Defendant's Response
After serving the defendant, your car accident attorneys will await a formal response (Answer) from the defendant. At this point, the insurance company will likely hire a defense lawyer to work on the defendant's behalf. The defendant's answer will likely deny everything you claim. Do not be alarmed. This is a standard procedure incorporated by the defendant's legal team.
Step 4 – Discovery
As your auto accident attorney will explain, there are no surprises in real litigation work. Your lawyer will exchange and request information and documents regarding potential witnesses and legal theories from the other side.Your car injury lawyer is also obligated to provide the same information to the defense legal team. Common types of discovery include:
– Depositions – questioning done under oath from parties or witnesses to the case;
– Interrogatories – written questions;
– Request for Production of Documents – parties exchange things such as witness statements, photographs, medical records and other documentation that supports the claims or defenses; and
– Requests for Admissions – written agreements about certain facts that are not disputed by either party (the weather at the time of the injury and any other contributing factors, for example).
Your car accident attorney can explain what happens next if your case proceeds to an actual trial.
For Legal Assistance: Please contact experienced car accident attorneys in your area that will be in your corner. Call today as soon as physically possible in order to preserve evidence and witness integrity.
