Did you just suffer a terrible accident on the job or due to negligence? Maybe you or a loved one ended up sustaining serious injuries, but you want compensation.
An accident lawsuit would help you cover the cost of your medical bills, suffering, and lost wages. However, before you start drafting your complaint, you need to know a few things about the accident lawsuit process.
Below, we’ll go through multiple stages of your potential case. Keep these stages in mind while researching accident lawyers.
Filing a Complaint
Most people possibly understand the fact that many different steps should be followed when a motorcyclist gets involved in an accident. The first and foremost step is to contact a lawyer that is specialized in your case. From there, you can start filing a complaint.
Filing a complaint is the first step in the process of an accident lawsuit. It involves the filing of legal paperwork by the plaintiff, otherwise known as the injured person.
This complaint document outlines the case. This lays out the claims for damages that have been suffered as a result of the accident.
The complaint must be filed by a lawyer through the court system within a specified period of time. After the complaint is filed, the defendant must respond to the complaint. They must provide their side of the story.
After the complaint has been filed, the opposite party is served and must answer the claim. In some cases, the party may file a countersuit. This outlines additional damages or defenses against the original claim.
Having a lawyer can help you make the right decisions and they are also able to make the process a lot easier. If you need to get one for a motorcycle accident, check out this motorcycle accident lawyer here.
Taking Depositions
This stage involves collecting sworn, recorded statements from persons associated with the lawsuit. These persons may include the plaintiff, defendant, witnesses, and experts.
Lawyers often depose these people to obtain information pertinent to their cases. Through depositions, lawyers can build their cases, challenge a witness’s testimony, and attempt to discredit the opposing party.
The testimony obtained from a deposition can make or break a lawyer’s case. Lawyers must be prepared to ask specific questions in order to help further their claims.
Engaging in Pretrial Discovery
This process involves the exchange of documents and other information that could be relevant to the lawsuit. This information includes the evidence collected at the scene of the accident and medical records. These can also include economic damages, witness statements, or other relevant information that could help prove one’s case.
The goal of pretrial discovery is to provide both parties with the information necessary to move forward. This allows them to assess the strengths and weaknesses of the case.
During this stage, both parties can send requests for documents, issue interrogatories, or conduct depositions. Once the process is completed, both parties are prepared to go to trial and present their arguments in court.
Dispositions of Experts
The different stages of an accident lawsuit can involve many different dispositions of experts. At the beginning of a lawsuit, an expert opinion may be needed to determine the cause of the accident. This is to assess the extent of an injury.
Through research and analysis, an expert can offer an opinion as to what occurred. They could offer specialist knowledge or experience in the area.
As the lawsuit progresses, more expert opinions may be needed for trial preparation. Expert witnesses might be called to testify.
Expert dispositions such as diagnosis, evaluations, mediations, and related inquiries can also provide insight into the possible settlement of the case. Additionally, the findings of an expert opinion can be used in the trial. This will support claims for pain and suffering, medical costs, lost wages, and other damages.
Filing Motions and Pretrial Hearings
After a person has been injured in an accident, they may choose to take legal action. This is to seek compensation for their damages.
During this stage, motions may be filed by the plaintiff and the defendant in order to try and gain an advantage in the case. This includes motions regarding the admissibility of evidence, the dismissal of claims, and the avoidance of certain parties.
Once the motions have been resolved, the case typically proceeds to a pretrial hearing. During this stage, attorneys from both sides discuss the details of their case with an eye toward settlement.
Participating in Mediation
Mediation is an informal process whereby the parties and their attorneys meet with a neutral third-party mediator. They will try to reach a settlement agreement.
During mediation, the parties each present their side of the case. The mediator acts as a facilitator to guide the process.
The mediator helps the parties focus on the issues. They will examine their respective interests, and exchange information in a confidential and respectful environment.
The hope for most mediation is that the parties will come to a settlement agreement. This would mitigate the need for further legal action. If the parties cannot agree on settlement terms, the lawsuit proceeds to trial.
Attending a Trial
Attending a trial is one of the final stages of an accident lawsuit. Once the case has been filed, parties involved must undergo several stages of proceedings before they can reach the final step: a trial.
During a trial, both the plaintiff and the defendant engage their attorney to present their case in front of a judge and/or jury. It is the responsibility of each party’s attorney to call witnesses and present arguments.
They should submit exhibits, and cross-examine opposing witnesses in order to prove their client’s case. Once the trial is concluded and the jury has deliberated, a verdict is reached and the lawsuit is concluded.
Know the Stages of an Accident Lawsuit
The long journey of an accident lawsuit can be stressful for a victim. However, it can also be successful in obtaining monetary compensation.
With the help of a skilled and dedicated attorney, victims can be assured that their case is being effectively handled. If you have been hurt due to someone else’s negligence, contact a lawyer today to start the legal proceedings.
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