Car accidents are either resolved quickly via insurance or a quick settlement. However, if that’s not the case, a car accident lawsuit will occur. If you want to get more than the limit in your state though, there are a few things you must do first, and that of course is starting a pre-trial process and case, preferably within civil court and with the assistance of a car accident lawyer. Here, we’ll tell you how you can start the case, and what to expect at the beginning of the case.
Starting the Case
First thing is to start the complaint. This is where you sue the initial documents, which is the “complaint” that lays out every part of the case that you’re going to take against the other person.
You will identify all of the parties that are part of this, any of the allegations and what they’re based on, and the support for every single claim.
Every claim is called as “cause of action” which means that in car accident cases, the plaintiff might bring separate cases of action whether it’s negligence, pain and suffering, or even inflicting emotional distress. The complaint will also ask for a dollar amount for compensation of the damages (called Prayer for Relief.)
There is then a filing fee, and typically, this varies from each state. It does cost anywhere from a hundred to a few hundred for civil complaints, and understand that the filing fee might be added to the judgement, so if you win, the other side might need to pay this.
At this point the court clerk will make a file for this, called the “process” which does require the defendant to answer this within a specific period of time, and usually, it’s delivered straight to the other person. Every state though has its own set of rules that go along with this, and you can just let the Sheriff or a police officer serve the process to the defendant. While there is a tiny charge, this can be reimbursed in the event of you winning the case.
Then of course, there was your answer that you’ll get from the defendant. This is done after the complaint is served, where the defendant has all of the legal defense that they have respond to the allegations. Sometimes, they will say it’s ridiculous, but if the defense doesn’t have an answer in it, it’s then waived, but that isn’t applicable to every case.
The pre-trial procedures then include the different interrogatories, questioning, and any document requests. This s also where settlement negotiations will happen too, since it happens at the same time the court-based ones take place, so it could get resolved at a certain point and then the trial is dropped.
With this thought, the best thing for you to do is to make sure you follow all of the correct pre-trial procedures so that you can get the settlement that you need. When it’s later taken to trial, you can of course take this as well to the end, where you might win the settlement.
In that case, you’ll be able to as well get the money that you deserve in order to get the help that you need, and the pain and suffering compensation that you want.
But make sure that you do follow all of the procedures in order to make sure that you get the care that you need. If you don’t follow this, you might lose it, so make sure that you do this before you start on the case.