What to Expect if Your Personal Injury Car Accident Case Gets Taken to Court?
If you have been involved in a car accident, you may wonder what to expect if your personal injury case goes to court. Taking a personal injury case to court can be long and complex, but understanding what to expect with the help of RSH Legal – Iowa Personal Injury Lawyers can help you prepare for the journey ahead.
- Filing a lawsuit
The first step in taking a personal injury case to court is to file a lawsuit. This is done by drafting a complaint and filing it with the appropriate court. The complaint will detail the specific events that led to the accident and will also specify the damages that you are seeking. This typically includes medical expenses, lost wages, and pain and suffering.
- Response
Once the lawsuit has been filed, the defendant (the person or party you are suing) will have an opportunity to respond. They will typically file an answer to the complaint, either admitting or denying the allegations made in the complaint.
- Discovery stage
The next step in the process is the discovery phase. During this time, both sides can gather information and evidence that will be used in the trial. This includes medical records, witness statements, and accident reports.
The discovery phase can take several months, and it is an integral part of the process as it helps both sides to build their case. During this phase, both sides will also be able to negotiate a settlement, which can be a way to avoid going to trial.
- Trial
The case will go to trial if you and the insurance company do not come to a mutual agreement. The trial will typically be held in front of a judge and a jury. The jury will hear both sides’ evidence and testimony and decide on the outcome of the case.
During the trial, both sides can present their evidence and call witnesses to testify. The plaintiff (the person who filed the lawsuit) will have the opportunity to present evidence that the defendant was negligent and that this negligence caused the accident and the injuries suffered. The defendant will have the opportunity to present evidence that they were not negligent or that the plaintiff’s injuries were not caused by accident.
The trial will also include opening statements, closing arguments, and cross-examination. After the trial, the jury will deliberate and reach a verdict. If the verdict favors the plaintiff, they will award damages. If the jury finds in favor of the defendant, the case will be dismissed.
