Lawsuits related to
car accident injuries are generally treated as personal injury lawsuits and
filed in civil court. The plaintiff (the person filing the lawsuit) seeks to
recover money from the defendant (the person being sued). Here is a general
overview of the steps involved in filing a lawsuit.
1. File a complaint. The first step in pursuing a car accident
lawsuit is to file a complaint with the court. This provides a detailed
narrative laying out what happened, the damages you are claiming, and the legal
basis for bringing the lawsuit. You must file your complaint within your
state’s statute of limitations—in the case of California, within 2 years of the
accident that caused your injuries.
2. Serve the Defendant with the complaint. After filing your complaint with the court,
you must inform the defendant that you have filed a lawsuit against them. This
process is formally known as ‘serving the complaint,’ and you must follow
strict guidelines in order for the court to consider the document properly
served.
3. The Defendant files an answer to your complaint. This answer will usually include admission or
denial of the factual allegations laid out in your complaint and set forward
any legal defenses.
4. Discovery. Once the complaint and answer have been filed
in court, both parties will request and exchange information. This process is
known as discovery. During this phase, you may be asked to produce documents,
answer written questions, or undergo depositions related
to the case. The defendant will also have the opportunity to do the same.
5. Trial. Once discovery is complete, both sides will gather and present
their arguments to a judge or jury. If the evidence is overwhelming for one
side, the case may settle before going to trial. If not, both the Plaintiff and
Defendant will be given the opportunity to present evidence, produce witnesses,
cross-examine the witnesses of the opposing party, present experts, etc. Once
the trial is closed, the judge or jury will deliberate and issue a verdict in
favor of either the Plaintiff or Defendant based on a ‘preponderance of
evidence’ supporting their claim, and a judgment will be entered, including an
amount in compensation, if any.
Filing a personal injury lawsuit for your car accident
claim is no simple task. It requires a significant amount of skill and experience. This
is not something the average person can successfully take on by themselves.
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