Car accident cases are generally handled via informal (out-of-court) settlement negotiations or with an insurance company. It is so because a settlement usually saves more money and time than getting things addressed in the court. But there are rare scenarios where an out-of-court settlement is just not possible. So what happens in court for a car crash claim,whether or not you have a injury lawyer ?
Prior to Filing a Lawsuit
If there are continuous disputes with the insurance firm or between parties,a car crash case can only be settled inside a courtroom. Insurance firms generally know how expensive a trip to the court could turn out and it,therefore,would try to avert the situation as much as possible. Courtesy informal negotiations,concerned parties could agree upon the settlement amount. Moreover,going to court could lead to expensive court costs and lawyer fees. Therefore,it’s vital to balance the negatives and positives prior to filing a lawsuit.
Lawsuit Filing Steps
To take a case to court,there are multiple steps you must follow. First,your lawyer must file an official legal complaint – a document identifying all parties related to the case. It comprises factual information and your legal claims and demands. Next,you must serve the defendant using the method needed by law. The defendant would be provided some time to file a response to the complaint.
The next stage is the discovery phase. It is when you request information from the other party. You may procure information through written questions,in-person questioning,or producing documents.
When you file the suit,the court would ascertain whether the driver must be held responsible for all the physical and mental agony you suffered. By heading to trial,you must present your case to seek a favorable judgment. The other driver would be given the opportunity to present his/her version of the story too. The judgment is arrived at after both sides of the story are being presented.