Dealing with a car accident case can be a traumatic experience, especially if there are serious injuries involved and you don’t know what to do afterward. Although you may be entitled to seek compensation for all the injuries you’ve sustained, the process can be a bit tricky since you need to prove that the other party’s negligence caused the damages. This usually happens when you file a personal injury lawsuit in court wherein you should be aware of the different phases of
litigation.
If you’re involved in a car accident, keep reading this article to learn about the meaning of litigation in such a case.
Understanding The Litigation Process
Typically, litigation in a car accident case refers to the process of filing a lawsuit against the negligent party who caused your injuries in a civil court. The primary goal of this suit is seeking to get monetary damages for the harm they have caused you. These damages can be in the form of compensation for the medical bills, lost wages, pain and suffering, emotional distress, and many more.
However, it’s important to understand that the litigation involved in a car accident case comes with a variety of stages, steps, and procedures that you should keep in mind from the get-go.
These can include:
1. Choosing A Lawyer
Once you’ve decided to bring your case in court, it’s important to hire a lawyer to represent you and protect your rights. Unless you’re a legal professional, you need a lawyer’s assistance to help you in the litigation process. With all the paperwork required, having someone who specializes in car accident cases can streamline the process.
So, if you’re looking for a favorable outcome, be sure to choose the right legal professional for your situation. They should be licensed, experienced, and trustworthy enough to handle the case for you. For example, if you’ve been injured in a truck accident in Atlanta or another part of the world, work with an Atlanta truck accident attorney who can help you with your lawsuit.
2. Filing The Required Paperwork
The litigation phase in a car accident case means providing the court with a written complaint and other paperwork. Generally, your case will not push through if you don’t file the appropriate documents. These documents provide the nature of your case, the parties involved, the negligent acts committed, and many other information relevant to the resolution of the lawsuit.
When filing the paperwork, you need the help of a lawyer to prepare everything for you. As a legal professional, they know exactly the DOs and DON’Ts in the filing process.
3. Discovery
After submitting all the required legal documents in court, the next phase in the litigation is the discovery. This refers to a formal process wherein the opposing parties share information, documents, and pieces of evidence with each other. Not only that, but lawyers will ask questions to each another for the purpose of getting some information that can help strengthen each other’s case.
4. Mediation And Settlement Negotiations
Civil lawsuits are complicated and time-consuming, which is why many judges will try to settle cases out of court through mediation and other settlement negotiations. It can weigh heavily on your pocket, and you may find yourself out of options, however, to deal with such issues read more to find a way out of any money-related problem. Primarily, mediation refers to an alternative dispute resolution whereby the parties have the opportunity to negotiate the matter with the help of a third-party mediator.
Under this stage, the mediator will try to help you and the other party to reach an agreement about the settlement amount. But, in the event both of you can’t come up with an agreement, your case will proceed to trial.
5. Trial
Another important aspect of litigation in a car accident case is trial. When the out-of-court methods failed, you can bring your case to trial wherein a jury will examine the facts of the case and the applicable laws, determine who’s at fault, and issue a verdict. If they rule in your favor as the injured victim, you’ll recover compensation for your injuries.
6. Appeal
In case you lose in the trial process, the next phase in the litigation is the appeal. When you file an appeal, you’re asking the appellate court to review your case and reconsider the decision of the trial court based on the ground that the jury made serious errors, such as applying the wrong law to your situation. Thus, if you have strong grounds for appeal, then, don’t hesitate to elevate your case to the appellate court and get the justice you’re looking for.
Conclusion
There’s no doubt that the litigation involved in a car accident case requires a high level of knowledge. Because of such, it’s important to hire a good personal injury lawyer to help you handle the case. Not only that, but you should also familiarize yourself with the litigation process in the event you need to file a lawsuit against the at-fault party.
