HOW TO: File a Car Accident Lawsuit?

If you recently have been involved in a car accident and you deserve compensation, all you should look for is a fair settlement. The settlement will help you cover medical bills, lost wages, and help you get back to normal life. However, if the other party is not willing to accept their fault and negotiate any settlement, what options do you have left?

If you have calculated that your losses are worth taking the case to court, you should not delay filing a car accident lawsuit. Hiring a personal injury lawyer is the best way to start.

Step 1. Hiring a Personal Injury Lawyer

As you are not physically in a position to get hold of legal matters, a personal injury lawyer can do it for you. Also, he will be able to calculate your economic and non-economic losses. He will figure out if taking the case to court is going to favor you as you deserve.

Step 2. Filing a Complaint

Next, you need to file a complaint or petition in the court. Make sure you do it early because there''s a fixed time limit of filing a car accident lawsuit.

In the complaint document, you will most likely be presenting what happened, how much damage occurred, your claims and reasons for bringing the matter to a legal platform. As the plaintiff finally files a complaint, the lawsuit starts.

Step 3. Serving the Complaint to Defendant

Once the plaintiff files the complaint, a copy of the complaint is immediately served to the defendant. Only then, legal proceedings begin. This way, the defendant gets to know all the charges against him and can prepare to defend himself in the court.

Serving is commonly known as summoning the defendant to court. Each state has varying rules over how, when, and who summons the defendant. Usually, the plaintiff has to serve the complaint to the defendant within 30 days. In case it is difficult to locate the defendant, the time limit might be extended.

Step 4. The Defendant Files Answer

As the defendant receives the complaint, he then responds by filing an answer. In his answer, he accepts or denies all the allegations against him made by the plaintiff. Also, he can put forward legal defenses against the complaint.

Step 5. Process of Discovery

Next, the process of discovery starts; both parties will exchange relevant information that might provide solid evidence to examine and strengthen their case.

Discovery comes as an opportunity for both parties to look into their claims and defenses.

Step 6. Trial

Then, the trial process begins. Here, the judge selects the jury. Both parties open statements, present their evidence, and proceed to closure. The jury then reaches a verdict through deliberation.

Conclusion

That''s how a car accident case is filed and comes to an end. The jury decides who is at fault and how much amount should be paid as settlement. It all depends on how strong your case is. Having an attorney can build your case in a way that it entirely goes in your favor.

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