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What is a Car Accident Lawsuit? If you've been injured in a car crash, you may want to think about the possibility of filing a lawsuit. A lawsuit can help you obtain compensation for medical bills and lost wages as well as other damages. The first step is to gather evidence and talk with an attorney. Your lawyer can provide advice on how solid your case is and if filing an action is the best option for you. What is a lawsuit? A car accident lawsuit is in which someone is able to file a claim against a person for damages. A car accident lawsuit is generally filed by people who've been injured in a car crash and want to pursue compensation for their injuries as well as other losses. There are three distinct types of car accident lawsuits that include a personal injury lawsuit or a product liability claim and a medical negligence case. Each type of lawsuit has different steps and a different amount of money that can be awarded to the victim. The plaintiff (the injured party) must demonstrate that the negligence of the defendant caused their injuries in a personal injury claim. The plaintiff also has to prove that they have suffered legal recognizable damages like lost wages , pain and suffering and medical bills. If the plaintiff has a valid claim, the lawsuit will go through five major phases that are: DISCOVERY, PRESERVATION EVIDENCE, DEBATE, REPORTING and TRIAL. The trial typically takes place before a judge or jury and the jury will decide whether or not the defendant was responsible for the incident. Both parties will exchange documents and evidence during the discovery phase. This includes eyewitness statements along with police reports, as well as medical records. Once the attorney has collected all of the relevant information, he or she will begin assembling a case for filing. This could include visiting the crash site in person, speaking to authorities, and seeking evidence, such as from medical professionals or mechanics. Once the case is ready to be filed the attorney will submit a complaint to the court. This will lay out the legal basis of your case , as well as an extensive description of the accident. The plaintiff will state in their complaint that they believe that the defendant is accountable and that their injuries were caused due to the defendant's negligence. It will also detail the amount of damages being claimed. The insurance company will then make a settlement offer to the plaintiff and the plaintiff is able to accept or reject. This is a great option to settle the dispute quickly and avoid a long and expensive trial. Some insurance companies will not resolve the matter and instead try to fight the claim in court. What are the steps to take in a lawsuit? A lawsuit for a car accident is the legal process that could result in compensation for your injuries and other damages. Although it's an intimidating and confusing process, it's best to have an experienced attorney by your side. They can guide you through the legal aspects of your case and get you the full amount of money you deserve. A lawsuit starts with writing and filing a complaint. This letter describes the facts of your case and the liability of the defendant (at-fault party) for the incident and the legal basis for seeking to sue. It also details the amount you are seeking in compensation. Once the defendant has responded to the complaint, it is time to begin exchanging information and other documents with them. This is called discovery and it's an important step of any lawsuit , as it allows both parties to exchange all information related to the claim. Your lawyer will also begin to collect evidence at this point. This includes medical records and police reports, as well as any other documents related to the accident. Your lawyer will then go over the evidence and discuss your case with you, if it shows that your claims for injury are legitimate. You may be asked to undergo a physical exam by a physician you select to better understand the severity and extent of your injuries. Your lawyer will discuss your case with the insurance company in order to determine whether it is worth seeking a settlement. Although it can take months or even years to finish the majority of personal injury cases settle out of court. If the insurance company is unwilling to provide a fair settlement and your case is deemed to be in dispute, it could go to trial. This can be costly long, tedious, and costly for you and your family. If you have a reputable and skilled injury lawyer on your side, it is more likely that the insurer will pay out of court an amount fair to you. If the insurance company refuses to provide you with an equitable settlement, it's time to file a lawsuit. This is usually the last chance to settle your case prior to going to trial. How much could I expect to get in a lawsuit? The amount you could receive in a case involving a car crash is contingent upon many aspects. car accident lawyer orem of injury you suffered will affect the final amount as will the loss of earning potential due to the injuries. You can also file a claim for medical expenses, lost wages and other damages due to your accident. These costs can add quickly, so it's important to discuss all of your options with a lawyer familiar with the specifics of your case. Your lawyer will be able to tell you the value of your case worth based on the particular circumstances of your case. It is a good idea to consult with a lawyer who specializes in personal injury cases, like car accidents. In most cases, you can expect to get a settlement that covers your legal damages. These include pain and suffering and property damage, lost wages and future medical expenses. A car accident lawsuit can aid in obtaining the financial compensation you deserve for your injuries and can even make you whole again after an accident that is serious. In serious cases you can anticipate to receive substantial sums of money, but in minor accidents the amount you can expect to get is less. Many insurance companies will try to negotiate a settlement with you before you file a complaint. They will also do their best to stay out of court. The first step in a lawsuit is filing a complaint. It is a formal, written document that contains all relevant information and justifications. After filing the complaint, your attorney will be granted the time to respond to the claims of the insurance firm. Your case will be transferred to the next stage once they have submitted their response. In this phase your attorney will present evidence and testify to convince the jury or judge that you are an appropriate plaintiff. If you are deemed a qualified plaintiff by the jury or judge, they will decide how much money you should be paid in your lawsuit. How long will a lawsuit last? A car crash can be a terrifying and stressful experience. It can cause injuries as well as property damage, medical bills, and loss of wages. All of these can have a major impact on your life. You should seek compensation as soon as you can for all these damages. However, getting the financial compensation you deserve takes time. This is why it's crucial to talk to an attorney for personal injuries the moment you're injured to allow them to begin constructing your case. The length of your case will depend on a variety of factors. These include the complexity of the case, the severity and extent of your injuries, as well as whether your case is taken to court. The first step is to file a complaint with the court. This will require a lot of research and gathering all the evidence. This can take a couple of weeks or even months, based on the complexity of the case and how quickly you can collect the evidence necessary to prove your claim. Next, you will need to give the defendant with a copy of your complaint. This can take some days or even a couple of months, particularly in the event that the defendant has an address that is difficult or long. The judge will decide whether your case is worthy of trial. If they believe your case is just and they'll send the case to a jury to decide their verdict. If the judge does not consider your case to be meritorious and they'll reject your argument and rule against you. If they believe that your claim is legitimate, you'll need to begin a lawsuit as quickly as possible to ensure that you stand a chance of receiving the money you deserve. Although you can't predict the exact duration of your car accident lawsuit but it's important to know that the majority of cases are settled out of court. This is because insurance companies aren't a fan of going to court, and it could cost them a lot of money in legal costs. If your case will end up in court, you'll have to engage an attorney for personal injuries who is skilled in dealing with car accidents as well as litigation.