If you’re dealing with a car accident claim, you must be willing to end up with a fair settlement so that you can move on with your life. However, what’s going to happen if the negligent driver’s lawyer or insurance company is reluctant to offer a reasonable settlement amount. It’s time to commence a car accident lawsuit within a civil court. What does a lawsuit after a car accident look like?
A lawsuit after a car accident is a kind of legal activity within a civil court system. Here, the plaintiff or the person who is willing to file a personal injury lawsuit is willing to recover compensation from the person who is being sued (defendant). If you’re willing to commence a lawsuit, what are the steps you’re going to take?
Table of Contents
1. Filing a complaint
In most states, a lawsuit commences when a plaintiff files a lawsuit or a complaint with the court, also known as a petition. A document that consists of several paragraphs that describes what happened, the damages encountered, along with the legal reasons for highlighting a lawsuit is known as a complaint. The lawsuit begins officially after the plaintiff has filed the complaint successfully.
2. Serving the complaint on the defendant
One of the basic rules of filing a lawsuit is to notice the person who has to be subjected to a legal procedure. For example, if a state is trying to punish you for a criminal offense, you must know about the charges. Besides, it gives you a chance to protect yourself within a court. Although car accident lawsuit is categorized under civil matters, the need to issue proper notice for the proceedings is still mandatory. Making the defendant aware of the lawsuit seeks to serve them with a complaint’s copy known as summoning. Several rules specify who is liable to serve this complaint, how it will be served, and when it will be served. These rules can vary from one jurisdiction to the other; however, the plaintiff is allotted thirty days for serving the defendant.
3. The defendant has to file an answer.
As an answer, the defendant is responsible for answering the queries related to the plaintiff’s complaint. He has the freedom to admit or deny the factual rules that have been included within the complaint. The answer is the part whereby the defendant can come with legal defenses.
4. The process of discovery
A discovery process facilitates the exchange of relevant information among parties, while in some cases, it can pave the way for uncovering important evidence. The objective of discovery is to give each side a chance to view all the facts to plan their part of the case-coming up with arguments and shreds of evidence. In most cases, the discovery procedure considers written questions or interrogatories, requests for demonstration of documents, and depositions which are oral statements uttered under oath.
5. Trial
After the discovery process is over, both sides will be equipped with the information required to demonstrate in the court’s case. To learn more about a trial, you can contact the Fort Myers Car Accident Lawyer.
