When suing after a car accident, you must know about the car accident lawsuit process, or you’ll lose the case.
Car accidents cost a lot of time and money, both of which are important to people. However, few drivers are aware of the car accident lawsuit process because it isn’t required when getting a license.
If you’re someone that would like to avoid stress, it’s best to learn as much as you can about it. Doing so will increase the likelihood that you get compensation if you get into an accident.
Here’s everything you need to know about the car accident lawsuit process!
Hiring a Lawyer
Upon getting into a car accident, the first thing you must do is contact a lawyer to help you with your case. This step is crucial because a car accident lawyer will know everything to do in each situation. Instead of getting confused with paperwork, they’ll take care of most things for you.
Hiring a lawyer is a simple process because you can find a plethora of them in your area by searching online. Before choosing a lawyer, ensure that you reach out to various to get a better understanding of how each one operates. During a car accident lawsuit, you’ll need to work with someone that you’re comfortable with.
Many lawyers work on a contingency basis, meaning you don’t need to pay them unless you win the case. Because of this, you can work with a lawyer that typically charges more if it means you’ll have a better chance of getting compensation.
Serving the Complaint
When it comes to dealing with a car accident case, your lawyer will file your complaint and serve it to the defendants. Serving the complaint gives the defendants time to understand the situation and respond. They’ll either accept or deny the allegations; then your lawyer will choose how to move forward.
Should the defendants deny the allegations, you’ll need to go into what’s known as the “discovery phase.” During this phase, you and your lawyer will gather as much evidence as possible about the car accident so that you can present it to the defendants.
People will often deny car accident allegations because they fear they’ll have to pay a lot of money. However, accepting them often results in paying less because going to court can take up a lot of time and money. However, you can expect to get more if you take the case to court and win.
The Discovery Phase
Throughout the discovery phase, you’ll go through a variety of steps to obtain the necessary evidence that proves you were innocent. Some of the best forms of evidence that a lawyer can get are videos, photos, and witness testimonies.
Your lawyer will get both your and the defendant’s testimonies so that they can compare them and see where things don’t line up. If a defendant gives false testimony, your lawyer will make it clear to them during negotiations and in court.
Talking to witnesses may be a difficult process if the accident took place in an unpopulated area. However, anyone that’s witnessed the accident can play a major role in determining the outcome of the lawsuit.
Negotiating a Settlement
Before going to court, you can get a car accident settlement by negotiating with the defendant. The only way to do this is by getting them to accept that they’ve wronged you, preventing them from claiming that you were at fault. After they’ve accepted the complaint, you can speak with them about how much they should pay you.
During this process, you and your lawyer must work together to come up with numbers that the defendant will be able to afford. Out of all the mistakes to avoid, you should never try to get them to pay too much. If you do, they may deny your complaint and force you to take the case to trial.
One of the simplest ways to negotiate a settlement is to bring proof of how much is required to cover all expenses related to the accident. Whether it’s medical bills or a mechanic’s quote, anything that shows them official numbers will pressure them to pay the necessary amount.
Taking the Case to Trial
Should you have a problem negotiating a settlement, you can take the case to trial. Doing this can ensure that the defendant pays you, but you’ll need to bring all of the evidence that you had when negotiating with them.
In the courtroom, your car accident attorney will do most of the talking to prevent something from being said that could jeopardize your case. Whenever you need to speak, they’ll advise you of the things that you should say.
Before you end up in the courtroom, you’ll be informed of some of the outcomes that could happen. Should you win the case, you’ll get enough money to cover things like medical expenses, car repairs, and lawyer fees.
Now You Understand the Car Accident Lawsuit Process
After reading this article, most of your questions should be answered. Understanding the car accident lawsuit process isn’t difficult, but many people don’t take the time to research the subject. We encourage anyone that drives to learn about car-related lawsuits because being prepared will make it easier to avoid larger problems.
If you’ve been in an accident and haven’t received compensation, consider reaching out to a car accident lawyer as soon as possible. They’ll tell you everything you need to know about how to win a car accident lawsuit.
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