If you are injured in a vehicular accident, be a motorcycle, bicycle, automobile, truck, buss, train, plane and so on, you are probably angry; in pain and wish to sue those responsible for your injuries and losses. The objective of this article is to present you with a general overview of Civil Lawsuit process. So you can choose the best path to your recoveries!
Right from the start, you should always consult with a Highly Competent, Diligent and Courageous Personal Injury Lawyer, who has extensive experience and verifiable success record in your type of accidents to make sure you are NOT facing the Big Insurance Industry alone.
You should also know that a lawsuit is generally the last weapon in a Competent Attorney's arsenal. Great Lawyers can negotiate out of court settlements, which are much faster and better than lawsuits. Specially, if your injury took place in a State that has a no-fault insurance statute.
Here are some of the Key stages of Filing a Personal Injury Lawsuit:
A Tort Lawsuit commences with a Complaint or in some Jurisdictions Petition filed with the appropriate court.
1) This important filing delineates your grievances (Plaintiff) and the alleged recoveries you are entitled to, as the result of the accident caused by the (Defendant). This process must follow its own specific procedures.
2) The Defendant and the Insurance Company have a certain amount of time to respond to your allegations. This Answer may admit or deny the allegations. There may also be a Counterclaim alleging contributing negligence and/or Cross-Claim, where a third party defendant is brought in. Of course, you or lawyer must answer to Defendants' allegations in a timely manner.
3) Preliminary Motions: These may be requests made to A) Motion to dismiss your claims B) Motion to remove your case from State Court to Federal Court C) Motion to Change Venue, which means to move your case to a different court and so on.
4) Pre-Trial: Here the judge will set a Trial Date, which could be a year or more later. Providing your case makes it to this stage. This waiting period could be used for a court ordered Mediation, where the opposing parties discuss their case to a third party (Neutral) Mediator, in the hope of a settlement.
5) If Mediation Process does not succeed, then a Discovery Process begins. This stage entails interviews of witnesses, depositions, interrogatories and so on.
6) Summary Judgment: If your chosen lawyer is satisfied with discovery stage, he or she may file a Motion for Summary Judgment. In this motion your attorney will enclose supporting evidence and theories of law. After reviewing the submitted material, the Judge may grant the Motion or deny it.
7) Trial: If your lawyer has requested a Jury trial, then the Jury will be empaneled and the parties will start presenting their admissible evidence and argue their side of the story to the Jury, who are called the Fact Finders. Otherwise, the Judge will deal with both law and facts, which is referred to Bench Trial.
Generally, most vehicular accidents settle in various stages briefly alluded above. You should carefully listen to your Chosen Lawyer's advice and make your rational decisions. Remember the court must deal with admissible evidence and make a fair judgment based on facts and not emotions.
In accord with our promise to make knowledge of law more available to all people, here at www.ChosenLawyers.com we try to define legal terms and adjudication process. However, none of these articles are intended to be Legal Advice nor infallible. This is why, we always ask you to consult with a Highly Competent, Credible and Diligent Chosen Lawyer to see if you have a viable case. Your Consultation is FREE and to retain or not to retain a Chosen Lawyer is absolutely your CHOICE!