Learn what to expect during an auto accident lawsuit and how to navigate the legal process to protect your rights and maximize compensation. Auto accidents may lead to major changes in individual’s lives where they have to carry not only physical and emotional burdens but also financial ones. If you have had a car accident, a lawsuit could be on the cards if you want to get compensation for your injury and damages.
No two cases are the same, but knowing about the generic steps of the car accident lawsuit procedure might make you feel more self-assured and ready. We have penned down a guide for you that explains the possible stages of an auto accident lawsuit, starting from the preliminaries and leading to the conclusion of the case either by a settlement or a trial.
The Importance of Legal Representation After an Accident
The situation right after an auto accident can be too much to handle. On top of the stress of getting and paying for medical treatment, negotiating with the insurance firms, and your physical recovery, there is the issue of the right course of action.This is where finding the right auto accident attorneys in Whittier comes into play. Hiring a knowledgeable and experienced lawyer can significantly impact the outcome of your case. A skilled attorney can help you understand your legal options, navigate the complex legal system, and ensure you receive the compensation you deserve.
The Initial Steps Following the Accident
Immediately after getting involved in an auto accident, the main thing you should do is take care of your health and safety. Make sure that the people who were involved in the accident are given the medical care that they require. After you have gotten the necessary medical treatment, your subsequent action should be to start accumulating evidence for your case. This is likely to include:
- Reporting the accident: Calling the law enforcement to file an accident report which basically is a police report acts as a reliable document of the accident and in case you want to prove the fault in your case, it can be very important.
- Collecting evidence: Using your phone, take pictures of the accident location, including the car damages, tyre tracks, traffic lights, and weather conditions. If there is more than one person who saw the accident, try to get their statements and contact details.
- Exchanging information: Give your details to the other people who were involved in the accident, such as your full name, phone number, driver’s license number, insurance information, and car registration number.
This initial step of evidence collection is very important in cementing a solid case especially where the culpability is in dispute. Your attorney will collaborate with you in making sure that all the pertinent data is gathered and kept safe for the lawsuit.
How to Determine Fault in an Auto Accident
Determining fault in an auto accident is a critical part of the lawsuit process. Fault refers to the person or party responsible for causing the accident. The determination of fault can influence the type and amount of compensation you may be entitled to. In some cases, the liability may be clear-cut, but in others, it may require an investigation.
In most auto accident cases, the legal principle of negligence is applied. Negligence occurs when one party fails to take reasonable care, causing harm to others. For example, if a driver runs a red light and crashes into your vehicle, their failure to obey traffic signals may constitute negligence.
Your attorney will work with accident reconstruction experts, gather witness testimony, and review evidence to determine who is at fault. If liability is disputed, the case may take longer to resolve as both parties present evidence to support their claims.
The Insurance Claims Process
Most of the time, before a complaint is actually filed in the court, the parties try to solve the matter through insurance companies. Insurance claims are crucial elements of the whole accident lawsuit but these claims are usually not enough to cover all the losses when the injuries sustained by the victim are serious.
Initially, your insurance company and the one responsible for the accident will start their work by investigating the matter. The insurance adjusters will check the damages to your vehicle, your treatment records, and the accident situation. Quite often, the insurance companies will propose a settlement to take care of medical bills and property damages.
On the other hand, insurance settlements are hardly ever adequate to compensate for your mental and physical distress, money you haven’t earned due to absence at work, or medical costs that will arise from your health condition as a result of the accident. When the insurance company comes up with a settlement that is too low or if they decide to reject your claim, your lawyer might advise you to go ahead with a lawsuit in order to get the right amount of compensation.
Filing a Lawsuit
Lawsuits come into the picture when insurance negotiations fail to produce a settlement that is acceptable to both parties. A lawsuit is a legal step at the very end when legal documents are formally filed with the court to start the litigation process. The defendant, that is the person or the party you are suing, gets a specified time to respond after a lawsuit has been filed against them.
Discovery involves the parties exchanging evidence and information by means of depositions (formal interviews with witnesses and parties involved in the case), document exchanges, and interrogatories (written questions that must be answered under oath). This preparation period before trial can, in fact, take a few months.
Besides reviewing all the gathered evidence the lawyer might also take the help of expert witnesses like medical experts or experts in accident reconstruction to carry their client’s case to a higher level. One should keep in mind that it is not a quick process, it takes time for a case to go through the court system.
The Settlement Negotiations Process
Many auto accident lawsuits are resolved before they ever reach trial. Settlement negotiations occur when both parties agree to meet and discuss a potential resolution. During settlement talks, the defendant may offer to pay a certain amount of money to resolve the lawsuit without going to trial.
In some cases, the settlement offer may be reasonable, and your attorney may advise you to accept it. However, if the offer is too low or insufficient to cover your damages, your lawyer will likely recommend rejecting the settlement and moving forward with litigation.
It’s important to understand that settlement negotiations are ongoing, and you have the right to reject any offer that doesn’t fully compensate you for your injuries, property damage, and other losses. Your attorney will help you assess whether a settlement offer is fair based on the severity of your injuries, medical bills, and future care needs.
Trial: What to Expect in Court
When the parties fail to come to an agreement, the case will be taken to court for the trial. Having a trial means a judge or a jury will make the decision on your case. Most of the auto accident cases are settled out of court, however, a trial might be unavoidable if the defendant does not want to admit liability or the parties cannot agree on the amount of a fair settlement.
During the trial, each party will convey their version of the case and supporting evidence to the judge or jury. Usually, this service implies:
- Opening statements: Each side presents an overview of their case.
- Witness testimony: Both sides call witnesses to testify, including accident experts, medical professionals, and others who can speak to the facts of the case.
- Closing arguments: Each side makes their final argument to the judge or jury, urging them to find in their favor.
Following the judgment, the judge or jury will discuss the case privately and then make a decision. If the jury finds for you, they will determine the sum of the damages that you are entitled to receive. If the decision goes against you, you may lodge an appeal.
Post-Trial: Collecting Your Compensation
After your case closes and you get a court decision or settlement in your favor, the following step is getting your money. Most of the time if the defendant has an insurance policy, your money will be coming from the insurance company. However, if the defendant is underinsured, you might have to find other ways to get the awarded money.
You should not forget that the court process can take a long time, but your attorney will be your guide at every step of the way. They will ensure that the money is collected correctly and that you receive compensation for your injuries, medical expenses, lost income, and emotional distress.
Throughout the lawsuit process, Hanning & Sacchetto, LLP will work diligently on your behalf to ensure your legal rights are protected and that you receive fair compensation. Regardless of whether your case is taken to the court or settled through an agreement, the presence of a competent lawyer can be the deciding factor for a favorable outcome.