If you find yourself embroiled in a car accident claim,you deserve no less than fair settlement and move on with your life. But what do you do if the other driver or their insurance company refuses to offer a reasonable settlement? Your only option is to go to a civil court and file a lawsuit.
Here is a detailed car accident lawsuit process.
Step #1: File a ComplaintIn most states,the beginning of a car accident lawsuit process is marked by a plaintiff filing a complaint or petition with the court. A complaint simply refers to a document consisting of paragraphs detailing what transpired the claimed damages as well as a basis for filing a lawsuit.
Step #2: Serve the ComplaintThe defendant is the subject of a suit. The defendant has a right to know the charges preferred against them as well as an opportunity of defending themselves. Car accident lawsuits might be civil matters,but they still require the defendant to mount a legal defense.
Serving the defendant simply means informing them of the lawsuit. This can be done via a copy of the complaint otherwise referred to as “summons.”
Step #3: The Defendant Files an Answer
Here the defendant responds to the complaints that a plaintiff raised and denies or admits the factual allegations contained in the complaint.
Step #4: Discovery
This refers to the process whereby the two parties exchange info that is likely to unmask the relevant evidence. Discovery plays an important role in providing an opportunity for all sides to access the facts to enable them to build their cases.
Step #5: TrialUpon the completion of the discovery section,each party will be armed with the information they need to present their case in court. The trial will normally have each party present its evidence and the plaintiff’s witnesses getting cross-examined by the defendant’s personal injury attorney.In most cases,insurance companies are a thorn in the flesh for people seeking compensation. They rarely have your best interests at heart,and will be looking for the slightest excuse to deny your claim. If that is the case,you have little option other than filing a case in the court. The process is fairly straightforward as indicated above.