Exploring Civil Case Proceedings

For Accident Victims: Before Your Day In Court

11 May 2022 by Becky Freeman

Many accident victims realize that they may have to file a lawsuit against the other driver in some cases. However, many are unaware of all the events that must occur before anyone sets foot in a courtroom. Read on so that you'll have a better idea of what to expect after you have been hurt by a careless driver.

Victims Can Settle the Case

When you settle, it means that the at-fault driver's insurer pays you a sum of money. Settlements can happen at any time, but many occur a few weeks or months after the accident. It's important that accident victims don't agree to a settlement without first speaking to a personal injury attorney. It's very difficult to know how much you should be paid for your accident damages otherwise. Your lawyer will speak with you about your losses, and together, you and the lawyer will arrive at a monetary figure to ask the other side to pay. The lawyer will handle the negotiations with the other driver's insurer and will try to obtain for you the maximum amount possible. However, not all cases settle, and a lawsuit must then be filed.

Filing a Lawsuit Against the Other Party

When you file a suit, you are taking legal action against the other driver and their insurance company. They are known as the defendants in the case. You are known as the plaintiff. Once the suit is filed, the other parties are served with a copy of the suit. Lawsuits are made up of several parts:

• The parties
• The specific court in charge of the case.
• The claims – This is the heart of the case where the reasons for filing suit are laid out.
• The demand (or prayers for relief). This is what you are asking to happen – which is to be paid a certain sum of money.

Discovery Begins

After the suit is filed, the final phase of the lawsuit preparation begins with discovery. Discovery is made up of several actions, and they vary depending on the unique features of each case. However, many include:

• Interrogatories – The parties are asked questions and they must answer.
• Deposition – The parties are questioned under oath about the accident and the damages.
• Document production – The parties request the sharing of certain documents, photos, statements, and more.

Once discovery is complete and the trial date is set, the only task remaining is jury selection. To learn more about any of the above actions that might occur before your personal injury trial, speak to an auto injury lawyer.

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