If you get injured in a car accident, you will obviously want to get a fair compensation for your injuries. Although the personal injury law is meant to serve accident victims, you need to fulfill certain formalities to get a favorable verdict. Before you file a lawsuit for getting the rightful claim, you need to understand the legalities involved. The idea is to ensure that you get the compensation your really deserve for a mishap caused by someone else’s negligence. Here are some guidelines about how to proceed with the legalities of a car accident lawsuit.
Even before you file a lawsuit, you should consider the option of a settlement with the insurance company of the guilty party. It would be best to have an attorney to negotiate a settlement with the insurer because they can get you the appropriate claim value. If the lawyer feels that the settlement is not working out in your favor, he or she will recommend a lawsuit to get one.
Filing a lawsuit
The second option is to file a personal injury lawsuit, which involves a formal legal action against the defendant. The objective of the lawsuit is to recover a fair value of compensation for the accident. Here are the steps that you need to follow as a part of the legal action:
- File a complaint: In most states, the lawsuit begins with a complaint filed officially by the victim. It is essentially a document that records the details of the incident, the damages claimed and legal basis of filing the lawsuit.
- Serve the complaint on the defendant: In the next step, you have to provide notice to the defendant by serving them with the complaint’s copy. According to the legal experts at Farris, Riley & Pitt, you should seek legal guidance before filing a complaint because you need to follow some jurisdiction-specific rules while doing so. Typically, you have to serve this notice within 30 days.
- The defendant files the answer: Once you serve a complaint, the defendant will obviously answer it. He or she will either admit or deny the allegations and the answer will decide the legal course of the case.
- Discovery of evidence: At this stage, the parties come up with the relevant information and evidence that can impact the judgment. Discovery is meant to give both parties an overview of the facts so that they can build evidence and arguments accordingly. This phase includes interrogatories, depositions and requests for production of documents.
- Trial: After the discovery stage, both parties have the information they need to present the case in court. Each side makes its opening statement, presents evidence and witnesses, cross-examines the witnesses of the other side and finally gives their closing statements.
After the closing statements of both parties, the jury or judge deliberate and come to a verdict. Whether it favors the defendant and verdict depends on the evidence and testimonies. The personal injury law comes to the rescue of the victim who has been injured due to the negligent behavior of the responsible party and gives them the fairest possible compensation they deserve. If you are a victim, you should have a seasoned attorney to handle your case and ensure that you get what you deserve.