Driving is not all that easy to begin with. When drivers are also faced with distractions such as the beautiful Alaskan landscape, cell phones, radio and more, accidents happen and people get hurt. The Best Accident Lawyers know how to help those who are hurt in these accidents obtain the most compensation for their injuries.
In addition to car accidents, The Best Accident Lawyers can also help those hurt in slip-and-falls, trip-and-falls, motorcycle accidents, train accidents, aircraft accidents, police brutality, defamation and plenty more.
In any of these personal injury cases, you must commence the lawsuit within two years of the date it happened, or the case will likely be dismissed and you will recover nothing. The action is started by the filing of a “complaint,” a document that essentially lists basic facts surrounding what happened and showing how those facts fit within the legal definition of “negligence” in order to meet the burden a plaintiff must adhere to in order to recover monies.
After service of the complaint upon the defendant(s), they have a certain amount of time within which to serve an “answer,” where a defendant will typically deny the allegations and, sometimes, file counterclaims requesting that the court award him monies instead.
Next, the parties enter the “discovery” phase, where information is exchanged between the parties through written questions and depositions, where parties (and sometimes witnesses) are orally questioned by the other attorneys.
After the discovery process concludes, the parties are likely to make “motions,” or written requests to the court seeking a narrowing of issues, or even “summary judgment,” which is a ruling in their favor without the need for trial. As the burden of prevailing on any of these motions is very high, the percentage that are granted is relatively low.
After motion practice, the parties will go to trial, where the attorneys question the parties, witnesses and expert witnesses that can provide insight and evidence into injuries and causation of the incident.
At any time, the matter may “settle.” In such a situation, the parties will negotiate a resolution to the case in order to avoid the risk of trial. More than 95% of cases settle, as trials are risky and expensive.
To prevail at trial, a plaintiff will have to prove both liability and damages. Liability is proven by demonstrating that the defendant failed to act in a reasonable manner. Damages are the injuries sustained. Without proving liability, you cannot win. Without proving damages, you cannot win. Without proving that the negligent actions caused the injuries, you cannot win.
During the prosecution of a personal injury lawsuit, a process that often takes more than two years, the best accident lawyers are best suited to know how best to handle your case, explain to you what to expect, gather the required evidence and properly file all documents. Without competent attorneys, there are many ways you can make mistakes that will ultimately prevent you from recovering monies, no matter how obvious the liability and damages.