subject: The Process of a Civil Case for an Auto Accident [print this page] The Process of a Civil Case for an Auto Accident
If you are involved in an auto accident, be prepared to hire a good accident attorney. An accident attorney can begin the legal process by filing a complaint with the courts. This is the beginning of a process called civil litigation. An accident attorney, in most cases, will tack on the amount of the filing fee with the settlement fees at the end of the case, and the plaintiff will only be responsible for it if a judgment is awarded. The defendant receives a summons from the court that can be delivered by someone other than the defendant. This is usually done by a process server. In some cases, a counterclaim is filed where the defendant feels entitled to an amount from the plaintiff. In both accounts, an answer must be filed within a certain period of time. This is the time when the defendant usually hires a lawyer. If the defendant has insurance, the insurance company will, in most instances, already have an accident attorney available for their defense. The next phase of the process is known as discovery. This is when the accident attorney for both parties collects information that will be pertinent to the case. This includes deposition, which is sworn testimony from the other party. It can also include certain reports and/or documents that are beneficial to the case. From the moment a complaint is filed through the period of discovery, a resolution can be reached that will keep both parties out of court. The next step for an accident attorney is to file motions that will affect the information and testimony during trial.
The next step is called a pre-trial hearing. This can be a time where both parties come to terms, as well as a last chance for the case to avoid a trial. Often, if a case is favorable for the plaintiff, the insurance agency (or accident attorney representing them or the defendant) will continue to offer a sum that increases as the trial date looms. This is an attempt to avoid trial with a minimal amount of financial damage. A good accident attorney for the plaintiff understands that if the other party is willing to offer a certain amount, then it is best to hold off from taking the first amount offered. This is probably one of the best reasons to hire an accident attorney. If you are not represented, you may be susceptible to reaching a settlement with an amount that may seem like a lot at the time, but does not fully cover all of the bills in the end from the injuries sustained from the accident.
If there is no agreement reached in the pre-trial hearing, a formal date will be set for trial. This is a compilation of argument, information, witnesses and evidence presented to a panel of jurors who determine if the case is valid. A good accident attorney will know how to present the evidence in a manner that will ensure that you receive the full amount to cover all of your bills and any ongoing issues from the accident.
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