If you have been involved in a car or truck accident and have sustained any measurable personal injury, it may be that a lawsuit will need to be filed for you to fully recover the damages to which you are entitled. Individuals facing the need to file a lawsuit to recover for personal injuries often have many questions about what is involved in a lawsuit. The information below outlines some general features of most lawsuits related to motor vehicle accident injuries. If you have any questions regarding this information, or any other questions regarding injuries you sustained in a car accident and your rights to recover for them, please contact Barrett Law PLLC, at (800) 707-9577.
Before any lawsuit is filed, it is common for a demand to be made upon the insurance company for the driver at fault. Typically, this demand is made by an attorney for the individual injured in a car accident. The demand seeks compensation for the damages the individual sustained. Sometimes, this demand letter results in the insurance companying paying the requested amount. But more often, a lawsuit will need to be filed to force the insurance company to pay the injured individual what he or she is owed.
At the outset, it is important to understand that resolving a lawsuit is typically a lengthy process. It often takes years, not weeks or months, to resolve a lawsuit. For that reason, it is imperative that you hire an attorney that you trust and that you like. You will be working with your attorney for a significant period of time, and if you do not trust or like your attorney, it will make getting through the lawsuit process more difficult for you.
A lawsuit is started by filing with the court in the appropriate jurisdiction an initial document known as a complaint, filed on behalf of the injured individual. The injured individual is the plaintiff in the lawsuit. The complaint contains factual allegations about the accident in question and legal assertions about who is at fault and what damages to which the plaintiff is entitled. An attorney will need to obtain enough information from his or her client to enable the attorney to include the necessary factual allegations in the complaint.
The complaint is directed at all of the individuals or companies that may be at fault—the defendants. Each of these defendants must be served with the complaint and summons. The summons is a document instructing each defendant that he, she or it needs to participate in the lawsuit or face what is referred to as a default judgment. Once a defendant is served with the complaint and summons, he, she or it will typically inform any applicable insurance company of the lawsuit. At this time, further negotiations to settle the case may occur. All defendants that intend on participating in the lawsuit are required to file documents responding to the complaint. Sometimes this document seeks dismissal of the lawsuit; other times, this document simply responds to each of the allegations of the complaint.
After the filing of the initial complaint and documents responsive to it, the next phase of a lawsuit is the discovery phase. This is typically the longest phase of any lawsuit, and can last months to years. During discovery, each party to the lawsuit is entitled to ask written questions of one another, to request documents from one another, and to conduct oral examinations of one another, of witnesses, and of any experts. Discovery is typically also the most expensive phase of a lawsuit, because it is very time-intensive and may involve the hiring of experts. If you represent yourself, you will have to pay these expenses out-of-pocket. If you hire an attorney to represent you, typically the attorney will advance these expenses and then deduct them from any recovery you are awarded.
During or after the discovery phase, one or more of the parties might file documents with the court seeking judgment in his, her, or its favor based on the evidence obtained during the discovery phase. This process can take several months, but if successful, will eliminate the need for a trial.
The trial is the final phase in any lawsuit. Trials can be either in front of a judge or in front of a jury, depending on the type of lawsuit involved. Whether to try a case in front of a judge or jury involves numerous considerations, including the nature of your injuries, the nature of your damages, and the location your trial will occur in. These considerations can be overwhelming for an individual that is not familiar with the legal system, and are a key reason why hiring an attorney experienced in litigating car accident cases is beneficial. Trials in car or truck accident cases typically last several days to several weeks, depending on the severity of the injuries in question. After the trial is concluded, either the judge or the jury will render a verdict, including a determination of whether the plaintiff is entitled to any damages and the extent of those damages.
Barrett Law PLLC, has experience representing individuals injured in car and truck accidents in Mississippi. If you have any questions about lawsuits related to car or truck accident injuries, please contact us at (800) 707-9577 to set up a no-cost consultation. We look forward to providing you with superior legal representation.
