Going to Court for an Auto Accident
According to -, the majority of auto accident cases in America and other parts of the world are settled via informal settlement negotiations with an insurance firm. Concerned parties take this route because it helps them save money and time. However, there are certain instances when going to court for an auto accident becomes imperative, or the most logical thing to do. Keep reading to learn how and when an auto accident case goes to court for trial.
Prior to Lawsuit Filing
Taking an auto accident case to the court becomes necessary if the concerned parties have ongoing disputes between them or the insurance firm doesn’t entertain the claim. However, such situations are rare as most insurance firms and lawyers have a broad idea of the case’s worth. Both parties, through informal negotiations, could then agree upon case settlement. Moreover, taking the court route could lead to high court costs and attorney fees. It is, therefore, important to consider the positives and negatives attached to going to court.
Hiring an Attorney
If you are going to file a lawsuit against another person, you would most likely require a personal injury lawyer by your side. Filing a court case without an attorney is certainly possible, but that would be a tougher path to tread. Typically, it’s recommended to have a skilled and experienced lawyer battling your cause, which should also help recover the maximum sum in damages.
Filing a Car Accident Case
There are quite a few steps to follow for taking your case to trial, such as reading -. First, your lawyer should formally file a legal complaint. The complaint is basically a document that specifies the parties involved, denotes the legal foundation for court jurisdiction, comprises your claims and pertaining facts, and your demands for relief or judgment.
The next stage is serving the defendant (the other driver involved). For this, you need to use the process server method. Once done, the defendant would have to respond to your complaint within a specific number of days.
After this phase is taken care of, you would then move on to the discovery stage where you would request information from the other party. The information can be obtained through interrogatories (written queries), documents, or deposition (in-person questioning).
What’s Trial Like?
Trial takes place only after the court decides whether the other person involved must be held responsible for your damages. By entering trial, you would be presenting your case, and the other driver would also get the opportunity to reveal the story from his side. The proceedings would go through several phases before a verdict is given.