How to Start a Civil Suit for a Car Accident Injury

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After a car accident injury has occurred, one may seek to file a civil suit against the individual who has caused the accident.  In order to file the case, one must follow proper legal procedure.

Basic Procedure

In order to properly file a civil suit for a car accident injury, one must first ascertain the proper procedure in the jurisdiction where the case will be filed.  This includes obtaining the statute of limitations, or time frame, in which a case can be filed. Failure to adhere to this time line can result in the forfeiture of one’s ability to file a case altogether, so it is crucial to figure out exactly how long one has to file a case.  In addition, one must obtain the appropriate legal forms to file with the court.  These forms may be obtained either at a legal stationary store or at an online legal forms supplier.  However, it is important to complete the forms correctly or the forms may be rejected by the court based upon incorrect completion.  Finally, one must also determine how the court papers must be served on all of the parties who will be named in the lawsuit.  This information must be obtained pursuant to legal research.  Legal research may typically be performed at a public legal library.  Most jurisdictions will offer at least one legal library or legal resource available to the public at little to no cost.

Filing the Papers

Once the forms are complete, one must file the papers with the appropriate court.  Typically, various copies must be filed.  The original usually gets filed with the court.  It is crucial to determine exactly which entities must be served with papers and whether the papers must be original or copies.  Moreover, many jurisdictions require an affidavit of service to be filed with the court.  An affidavit of service indicates that the legal papers were served upon the parties named in the lawsuit, so that the parties were given notice of the lawsuit.

Answer & Discovery Phase

After the initial papers have been filed in the car accident injury case, the parties named in the lawsuit will have the opportunity to answer to the allegations.  This is known as the filing of the “answer.”  Next, the “discovery” phase will occur.  During the discovery phase, parties will exchange evidence in the case.  This can consist of medical records, medical bills, employment records and any other non-privileged information related to the case.  In addition, depositions will occur during the discovery phase of the lawsuit.

Get Legal Advice First

The filing of a car accident injury lawsuit can be complicated; handling a lawsuit on one’s own behalf can be tricky and may result in jeopardizing the most beneficial outcome for the victim.  An experienced personal injury attorney can easily file a car accident injury lawsuit and will know the jurisdiction’s legal requirements to do so.  Moreover, an attorney will be able to advise one as to the options available in a case,  Finally, a seasoned attorney will ensure that all legal theories are considered and therefore that no legal basis for recovery is left out of one’s case.