To get compensated for any car accident, the victim has to follow certain guidelines or processes according to their state rules. While some processes take long, others take shorter time depending on the accident, extent and nature of injuries or property damage involved.
When a victim understands how to go about their case, the time it will take and what financial recovery to expect, it becomes easy. However, to have the right information about the settlement, one must work with a vehicle accident law firm that understands personal injury cases.
Lawsuit Process Of A Vehicle Accident Case
One of the worst moments for any driver is to find themselves involved in an accident; thoughts of getting a settlement or filing a lawsuit makes one feel stressed. If you have been involved in a car accident and are lucky to agree on fault, then your case settles way before you even think of filing a claim. However, when it seems hard to establish fault, the court must step in to solve your disputes. When this happens, then several factors have to be considered. As a victim, you will need to have a guide on how to go about your claim. One of the common questions asked by car accident victims is how long a lawsuit may take. Typically, the timeline process involves:
· The plaintiff filing a complaint. As a plaintiff, you have to bring out your arguments about why you are claiming the other driver is at fault. As you make a complaint, you will state how much compensation you want to receive. You may be required to pay some filing fees that may be reimbursed if your case wins.
· The plaintiff serves the defendant. You have to serve the other driver, and he/she is to answer your case within a given time. Each state has its own rules on how the service of process must be carried out. Thus, it's better to have a lawyer guide you on such matters.
· Defendant’s response. The defendant answers back about the allegations you have for them. Normally, it may take a month to get feedback from a defendant.
Case Discovery Process
Once you have filed your case, have informed the defendant and received the answer, your case moves on to the discovery process. The process involves both parties exchanging information either using interrogatories, depositions, or requests for documents. After the discovery process, a trial occurs. If one party is dissatisfied with the outcomes, they may appeal.
It’s worth noting that as you proceed to trial, you may have started settlement negotiations with the other driver’s insurance company, and you may have your case settled while still in your lawsuit process.
Many processes are involved before discovery is complete but before the trial begins. With this, the process may probably take a year or less before everything is settled. In most times, lawsuits take too long because the plaintiff may not be in dire need to get compensated for the injuries suffered. Instead, they fight because they want to ensure justice prevails, especially where the defendant had gross negligence. In other instances, the defendant may want to argue unnecessarily to make the plaintiff lose interest in the case. Nevertheless, if this is your case, you can be sure of getting the best out of your claim with the right legal representation.