When one is involved in car accident personal injury case, there are various different stages one may find oneself immersed in during the case. Some of these segments can be cumbersome, while other stages are over quickly. In either instance, a car accident personal injury case is typically a lengthy process which can last up to three years in some instances.
Settlement
One way that a car accident personal injury case is quickly disposed of is by settlement. If a case is settled, the case typically avoids a lengthy legal battle, if the matter ever gets to court at all. A settlement usually involves negotiations which occur between the insurance companies of the drivers involved in the car accident. Each side will have an attorney who will negotiate on behalf of their clients in order to obtain the most beneficial settlement of the matter. Once a settlement agreement is reached, the agreement is reduced to a writing and both parties will sign the document. The document will legally release either party from further legal action and liability in the matter. If the settlement occurs, the matter is legally closed. However, if a settlement cannot be reached, the matter will proceed as a car accident personal injury case in a court of law.
The Commencement of the Car Accident Personal Injury Case in Court
The beginning of the car accident personal injury case starts with the filing of the complaint in the court. The complaint is a document which contains the allegations against the wrongdoer in the case. In a car accident personal injury case, the complaint will contain allegations of negligence of the driver which caused the accident. The complaint may also include a request for damages in a certain amount and may also request a jury trial. Once the complaint is accepted by the clerk of the court, a summons will be issued. This summons and complaint must then be served on all of the parties in the case so that all of the parties have notice of the case.
The Answer
Once the other parties, known as the "defendants," have notice of the case, they are entitled to respond to the charges. The defendants can do in what is known as the "answer." In a car accident personal injury case answer, the defendants are likely to deny that they committed any negligence in operating the motor vehicle and in causing the accident. The defendants can also include any defenses to the matter in the answer, and request a trial.
The Discovery Phase
The next portion of the car accident personal injury case is known as the "discovery phase." During this phase, each side is essentially on a fact-finding hunt. Each party and eyewitnesses will be deposed. Usually, questions about personal injuries sustained, prior medical histories, and the exact manner of the car accident will be asked during depositions. Moreover, expert witnesses will be divulged and interviewed in depositions. The expert's qualifications will be reviewed and the expert's opinions will be questioned. Furthermore, the attorneys will typically utilize "Requests for Production" which are legal documents requesting certain types of documents, such as medical records or automobile maintenance records.
Trial
The final part of the car accident personal injury case is the trial. At the trial, both sides have the opportunity to prove their case. The judge or jury will determine the result and award one of the parties damages based upon what they believe to be reasonable and fair compensation under the circumstances.
Getting Legal Help
If one has been injured in a personal injury, one may seek to consult with a personal injury attorney. A personal injury attorney can guide one through the case and help to obtain the compensation one deserves.
