5 ESSENTIAL STEPS
by Contributor
(Jun. 24, 2019) — Beyond causing stress and auto damage, a driver can suffer minor to severe physical injury that will have them considering filing a car accident lawsuit.
There are around 6 million car accidents in the US every year. Frequently, these accidents cause injuries to passengers or drivers. However, in some cases, accidents only cause damage to cars.
The damages include scratches on the paint, dented bumper, or fender.
In such scenarios, it’s confusing whether or not to report the case. Commonly, people conflict on the question; Do I have to go to court after a car accident?
The answer depends on the circumstances of the accident and your state. However, if you’ve to report the case, you need to do it correctly.
Read this article to learn how to file a car accident lawsuit.
How to File a Car Accident Lawsuit
If you’re in a minor car accident, you can negotiate the issue with the other driver’s insurance and settle. However, if the negotiations with insurance companies aren’t favorable, you can file a legal claim. How do you do that?
In such scenarios, it’s confusing whether or not to report the case. Commonly, people conflict on the question; Do I have to go to court after a car accident?
Follow the below steps to successfully file your car wreck claim.
- File a Complaint
The initial step of beginning a lawsuit is by filing a complaint. The plaintiff is responsible for filing the petition with the respective court. If you’re new to legal issues, you must be wondering what a complaint entails?
The petition is a document that details the car accident, damages claimed, and the legal grounds for filing the case. If you’re new to law, prepping for the complaint can be challenging. You need to break down the particular car accident policies.
If you don’t have the time to devote to studying law, it’s commendable to consult a lawyer.
Once you file the claim, then it’s official that the case has officially begun.
We can summarize the legal process as follows;
- Reviewing your accident
- Gather information and evidence. You should include witness testimonies
- Compute the acceptable settlement amount
- Draft the complaint
- Ensure proper filing
- Serving Complaint to Defendants
The requirement of notice for the car accident proceedings is essential. Wondering why serving the complaint is essential? It offers the defendant a chance to defend themselves in court.
The defendant has the right to know the charges of the claim and defend themselves before punishment.
What does serving the defendant entail? It involves providing the defendant with a copy of the complaint. Depending on your state’s jurisdiction, there are different rules on who should serve the complaint, time, and how.
The plaintiff has 30 days to serve the defendant. However, a deadline extension is possible, especially if finding the defendant is difficult.
- Defendants Response
The defendant answers the complaint. How can the defendant respond? They can either accept or deny the car accident claim.
It’s at this point that the defendant brings forth the legal defenses. If the defendant accepts claim and settlement, the case doesn’t go to trial.
Usually, car accident cases go to trial because the defendant and insurance company don’t agree on the settlement.
- Discovery
What does the discovery process involve while filing for a car accident suit? It requires parties to exchange relevant information to prove each party’s claim. The objective is to ensure both parties see the facts before going for trial.
Discovery will help you develop a plan for the defense at court. Wondering what activities precede during discovery?
- Interrogations of both parties
- Request for production of necessary documents and
- All oral statements during discovery are under oath
- Trial
After the discovery process, each of the parties can present the case to the court. The objective of the hearing is for the plaintiff and the defendant to present evidence.
The jury analyzes the evidence and witnesses of each side. After the closing statements, the judge or the jury will come up with a verdict of the case.
So what happens after the verdict?
If the judge rules in favor of the plaintiff, then the defendant has to make compensation for damages.
Things to Keep in Mind
While filing a car accident suit, there are essential things to keep in mind. Legal processes aren’t just negotiations, as many issues are under scrutiny. Make your legal process easy by mastering the following items.
Where to File a Car Accident Lawsuit
A car wreck claim is filed at the county, circuit or the district court where the car accident happened.
Depending on the local laws and policies, you can file a car accident suit in district or county court.
You only file the car accident claim at a federal court law in limited circumstances.
Time Limitation
Learning how to file a car accident suit is not enough. You need to report the case within the applicable statute of limitations. The span to file for personal injury and car accident claim ranges from 2 to 10 years, depending on the state.
Make sure to file your claim in time. Violation of statute of limitations on car wreck claim gives grounds for dismissal.
Time limitation varies depending on various conditions like age, or if the victim is in prison.
If you get in a car accident, it’s commendable to discuss the issue with your lawyer as soon as possible.
Having a Car Wreck Lawyer
The plaintiff is not required by law to have an attorney. However, it’s advisable to have one. Lawyers have vast knowledge and experience in car wreck policies and courts.
Besides, lawsuits are expensive and time-consuming. Research suggests that settling is better than going to trial.
Car Accident Lawsuit: Wrapping It Up
Filing a lawsuit for a car accident is a big step. The issue changes from negotiation with the other driver’s insurance to formal court procedures.
If you’re planning to file a car accident suit, you should be ready and prepared. Just because you’re a victim doesn’t mean that the defendant may not fight back. If you file a car accident lawsuit expect to go through the five steps.
You need to have a good lawyer or expert understanding of car accident laws. Was this information helpful? If yes, subscribe for free to receive our updates on legal advice.