The first step in the lawsuit process is filing a complaint. This sets forth your legal claim and includes all medical bills, property damage and other losses from the crash.

Once your attorney has fully documented the extent of your injuries, they will submit a demand to the insurance company for compensation. However, most car accident cases settle before reaching trial.

Complaint

A car accident lawsuit begins when a plaintiff’s attorney prepares a complaint. This legal document sets out the facts of the crash and a list of injuries and demands compensation.

The defendant’s lawyer (or insurance company) is given a fixed amount of time to answer the complaint. They may deny your claim or make a counterclaim. If they do, they must also produce evidence to support their side of the story.

During this phase, your attorney must collect witness and expert testimony through depositions. These statements are made under oath and are recorded by a court reporter.

Your attorney will then prepare a Bill of Particulars detailing your injuries and their costs, including projected long-term medical expenses and lost income. You must provide your attorney with copies of any bills and receipts about the crash. Some people can reach a fair settlement at this stage without needing a trial.

Discovery

Once negotiations with the insurance company have broken down and the victim has fully documented their injuries, it may be time to file a formal legal complaint. A personal injury lawyer can do this on your behalf, and the defendant will be served with the complaint papers. You can view website to get more insights about the car accident lawsuit.

Once the lawsuit is filed, a period known as discovery begins. During this phase, both parties are required to share information and evidence. This could include requesting access to medical records, witness testimony, expert testimony and more. This is also when your attorney can request a deposition or oral testimony under oath from any witnesses involved in the crash or anyone who has provided an opinion on your case.

This can help your attorney build a stronger claim to get you maximum compensation for your damages. It can also help determine if there is a case to pursue or if the insurance company is likely to settle for fair value.

Trial

After both sides have exchanged information in the discovery phase and obtained expert opinions that enforce their position, your attorney will draft a demand letter that summarizes the defendant’s liability for the crash, the injuries you suffered, and the other damages that need to be compensated for making you “whole again.” This is a standard step in car accident lawsuits.

The Defendant will answer the complaint with their version of events. Your lawyer will also present evidence such as accident scene photos or video, police accident reports, and other documents. You will also likely provide testimony about your recollection of the crash and how your injuries have impacted you.

You will also be required to provide documentation of your losses, such as current and predicted future medical costs and lost income, as well as non-economic damages, such as mental anguish and loss of enjoyment of life. Your case will be tried in court if you and the insurance company cannot reach an amicable resolution.

Settlement

After gathering all the information, your attorney will draft a demand letter for the at-fault driver to send to the insurance provider.  This statement will restate the defendant’s guilt in the accident, your injuries, and the various losses that must be reimbursed to make you whole again.

The defendant will then have time to answer the complaint by admitting guilt or denying the allegations. During this discovery period, your attorney will also have contacted eyewitnesses to testify on your behalf and may have sought expert opinions that strengthen your position.

At this point, your attorney can settle the case or move forward to trial. It is important to note that car accident cases rarely go to trial and most often settle before the trial stage. If the Defendant refuses to settle, your attorney will file preliminary motions. These are a series of hearings before a judge that will determine if there is any basis for the Defendant to object to certain aspects of your case.