What Are The Stages Of A Car Accident Lawsuit?
Corbin Sutter
Accident Lawyers
Car accidents can cause a lot of damage. If you are injured in the accident, it can also cost you a lot of money in medical bills and lost wages. However, if the accident was the fault of another driver, then you have the right to pursue compensation from them for your injuries. To do so, you need to file a claim and potentially a lawsuit. It is important that you understand the process before you take any legal action. That way, you can take the necessary steps to protect your health, financial security, and rights. Here are the three primary stages of an auto accident lawsuit:
Stage One: Pre-Litigation
Most of the time, auto accident cases are solved during the pre-litigation stage with a settlement. This is the stage that takes the most time. It involves the following:
● Consultation - The consultation is when you first meet with an auto accident attorney to discuss your case and what you need to do to win.
● Evidence Collection - Evidence such as the police report of the accident, documentation of your injuries, and any witness statements are gathered to build your case.
● Calculation Of Damages - Your attorney will determine all the economic and non-economic damages and determine the value of your claim.
● Filing The Claim - A claim will then be filed with the insurance company for the value of the damages caused by the accident.
● Investigation - The insurance company will look into the accident and determine if they will pay or not.
● Negotiation - The insurance company and your auto accident attorney will discuss the value of the settlement.
If the case is not settled or if the insurance company refuses to pay the value of your claim, you will move to the next stage.
Stage Two: Litigation/Mediation
If a settlement cannot be reached by both parties, you will either begin to litigate the case or enter mediation. Litigation is where the attorneys begin preparing for trial. This phase includes the discovery, expert witness and direct witness testimony, and strategizing.
Afterward, you will begin the mediation state where all of the evidence and testimony will be reviewed by both parties. Then, they will try to work together to come up with a settlement. If a settlement cannot be reached during meditation, the case will move to trial.
Stage Three: Trial
The trial will be a civil trial in front of a judge and a jury of your peers. The attorneys will present evidence, and the courts will decide the outcome. The trial can last anywhere from a few days to a few weeks.
The court will then issue their verdict. If you win, you will receive the damages from the accident. If you lose, you can begin the appeals process. Your attorney will file the appeal, and it will move to an appellate court.
Why You Need An Auto Attorney
Navigating all the stages of a lawsuit is complicated, and it requires legal expertise. Going it alone is challenging. A skilled auto accident attorney knows exactly what you need to win. They will collect the right evidence to prove your claim, calculate the full value of your damages, and use their knowledge of the law to fight for your rights. An attorney handles everything for you, so you can focus on healing from your injuries and getting your life back on track.
If you have been in an auto accident, do not attempt to go through the three stages on your own. Instead, give the seasoned attorneys at All Injuries Law Firm a call at 1-641-925-HURT. We will begin stage one right away with a free case review over the phone. Then, we will explain the full process and answer any questions. If you decide to hire us, we will fight tooth and nail to get you the settlement you deserve.