Hardly anyone pictures themselves filing suit against someone. In fact, almost all car accident cases are resolved outside of court. However, when you have no other alternative, filing a suit and litigating your case in court may result in the payment of the compensation you are owed. To learn what to expect when it comes to the preparations prior to the first day of court, read on.
Why You Should File Suit
In most cases, accident victims as well as the other driver's insurance company want to settle the case. To do so, however, the other side must be willing to offer victims compensation that covers their damages. That usually includes not only money to cover all medical expenses and a wrecked vehicle but enough to also pay for lost wages and pain and suffering.
The reasons why a case goes to court rather than settling are numerous. In many cases, though, it revolves around fault. If each driver blames the other for the accident, a judge and jury will need to decide on things. The other major reason why cases go to court is that the insurer wants to pay less than the victim demands.
The Other Side is Served
The other driver and their insurance company are the recipient and the defendants of the lawsuit. A suit consists of a paperwork packet that may also be known as a complaint, petition, or prayer for relief. The main meat of the documents are the claims. This is the part that explains why you are taking such an action. Listed are the facts of the case about the accident and claims that the other driver is responsible for certain damages. The suit ends with a demand to be paid a sum of money.
The other side, the defendants, have a certain length of time to respond to the suit. The response usually lists refutations to each claim made in the suit and asks the court for relief.
Trial Preparations Proceed
Court dates may be set several weeks or months into the future. In the meantime, discovery begins. This trial prep phase mostly involves each side asking for information from the other side. Discovery actions usually include:
- Requests for admissions
The deposition is a question-and-answer meeting that will likely involve you. Anyone connected to the accident and your medical treatment may be called to testify at the deposition. Interrogatories are questions asked by each side and admissions are statements of facts that each side must address. The information gained in discovery practices allow both sides to be ready to put on a trial using evidence, witnesses, testimony, and experts.
To find out more about filing a lawsuit, speak to a personal injury firm like The Dennis Law Firm.