If you hire one of the best Los Angeles car accident attorneys to help you pursue a car accident claim, you can expect them to do their best to help you get a fair settlement. But, if your lawyer cannot reach a fair settlement that reflects your damages, they can file a lawsuit in court. Here’s what’s involved in a car accident lawsuit:
Car accident lawsuits involve pre-trial preparation, which includes discovery. During the discovery process, both parties involved collect and share information on the case before they go to trial. In this stage, you may need to answer some questions regarding your claim and exchange information with the other party. Also, you and your attorney can get information from the other party.
Moreover, your lawyer can guide you through the process and ensure you explore your legal options. You need to file the lawsuit within the statute of limitations; otherwise, you could lose your right to sue. If your attorney determines that you have a case, they will file a complaint in court, including your allegations against the other driver, the amount of money you demand, and the reason you deserve compensation for your injuries.
Often, the defendant should respond to your complaint within a set amount of time. In their response, they may deny the claims and give their own counterclaims to try to prove their innocence in the crash or demonstrate that you contributed to it.
Once the insurance company is notified about the accident, it will conduct an investigation. Also, your lawyer can investigate all the facts of your case and collect evidence. This is the reason you need to collect evidence at the crash scene such as photos, videos, and names and contact information of any witnesses.
This alternative dispute resolution can be requested at any time in your case. It includes you and the other party involved presenting your case and engaging in settlement negotiations. The process is facilitated by a mediator.
Going to Trial
If your case goes to trial, your lawyer presents your side to the judge or jury. Then, the other party put on their defense. Once all sides have presented their arguments, the judge or jury will determine if the other party is liable for your injuries and the amount of damages you should be paid.
After a judge gives you a favorable verdict, the other party could appeal the case. If the other party does not bring an appeal, your attorney must still pay all companies that have a legal claim to your award money. Then, your lawyer writes you a check.