The expertise of your car accident lawyer will provide a fair number for the settlement. The car accident case is settled if both sides agree to that number. However, these car accident matters don’t always end amicably. Even your own insurance company can deny car accident claims.
If the car accident case settlement negotiations fail, it will be time to file a lawsuit. That lawsuit can be against the insurance company, the car’s driver, or the company that hired the driver (if applicable).
Identifying the Involved Parties in Car Accidents
There are two obvious parties involved in a car accident trial. Those would be the two motorists who were part of the car accident. However, there could be other parties named in a car accident lawsuit.
Your car accident lawyer might name an insurance company as a plaintiff. That will be the case if that carrier has denied a fair settlement.
If the other driver in the car accident was working for a company while driving, that company could also be a defendant.
For example, that will often happen in car accidents involving trucks or government vehicles such as buses or trains.
Trial Preparation
Before any personal injury lawsuit trial starts, there must be a lot of preparation. That is when your car accident lawyer will engage their law firm team to pull together all the necessary evidence to support your care.
An experienced car accident lawyer will have access to various experts and investigators who can support the case. That can involve anything from gathering witness statements to a computer-animated recreation of the car accident.
Additionally, your car accident lawyer will have paralegals at the law firm who will help file the necessary court documents.
With all this preparation, it is easy to see why having experienced car accident attorneys is vital.
Steps Involved in a Personal Injury Trial
When your car accident attorney recommends proceeding with a lawsuit, there will be a legal process to follow. However, it will help you understand what is ahead to make informed decisions about your car accident case.
Remember that you will be present every day of the trial. That means you will need to follow court procedures. Therefore, you always want to act professionally, especially in the presence of the judge and jury.
Here are the different steps involved in a car accident trial:
The Discovery
Before the trial begins, the defendants and plaintiffs must share what they know about the car accident. The discovery is an exchange of information, such as witness statements, medical bills and police reports, and depositions from the various parties.
There could also be evidence from the insurance company about their initial insurance claim denial.
A Jury is Seated
When the attorneys are satisfied with the discovery exchange, the lawsuit moves to seat a jury.
That jury will come from a pool of prospective jurors interviewed by both sides. The jury is seated when there are 12 acceptable jurors, and the trial can get underway.
Opening Statements
On the first day of the trial, both the plaintiff and the defense will present an opening statement.
These statements will lay out the broad strokes of the personal injury claim that the attorneys intend to prove or disprove during the trial.
Evidence Presentations
Next, each side will have an opportunity to present evidence and question that evidence. That evidence can come from a variety of sources, including the following:
