If you have been in a car accident, the damage to your car or the injuries you have suffered may have you considering suing the other driver for their negligence. When you make the decision to do so, you should be aware of the procedures.
The local court must first receive a complaint or petition. You will now be the case’s plaintiff as a result. The allegations that will determine whether you are qualified to receive compensation from the other driver are described in the complaint. The complaint will also state the remedy you’re requesting for your discomfort and suffering.
The defendant may submit a motion following the filing of the complaint that may have an impact on your case. They might request a different courtroom or judge. They might ask to have the case transferred from state court to federal court. Or they could submit a motion to completely throw out the case.
The judge will set a trial date, which may be set several months after the initial claim is filed, if you are able to survive the motions process. The judge may also order the defendant and you to participate in mediation, which is a discussion between the two of you and a neutral third party with the goal of reaching a settlement. In the event that mediation is unsuccessful, the case moves on to the discovery stage. Attorneys question witnesses while reviewing relevant facts and documents.
In the event that you and your lawyer decide that the evidence gathered supports your claim for compensation, you may then submit a motion for summary judgement. The judge will be able to reach a decision using this motion without consulting any witnesses. The case will proceed to the trial phase if there are any disputed facts that need to be settled. New Bedford car accident lawyers will be able to go into more detail about the procedure.
Avoiding these Errors will help you Win your Car Accident Lawsuit
Understanding the pitfalls to avoid in a traffic accident lawsuit is also crucial. Many people who have a good reason to sue endanger their own case by distorting the relevant facts. As a result, they divulge information that can be used against them in court to a defense attorney or their insurance provider. The top five mistakes that you can avoid are briefly listed below:
Lying is a simple error with potentially serious consequences that can be avoided. If you provide false information on an insurance application, your personal injury claim will be rejected. Furthermore, acknowledge any fault you may have had. It is reasonable to assume that any surveillance footage will be reviewed by investigators hired by the negligent driver’s insurance company. Your case may be irreparably harmed if you deny doing something that may have caused the accident but it is later captured on surveillance footage.
Discussing your Case
After your accident, a lot of people will make contact with you. Talking about your case with defense attorneys or insurance adjusters is not advisable. Anyone employed by the at-fault driver or their insurance provider is seeking information to refute your claim. Ask an insurance adjuster to speak with personal injury lawyer Edmonton if they want to discuss your case.
Using Social Media to Post
Your social media profiles will be thoroughly investigated by defense attorneys and insurance adjusters. We’ll look closely at your Twitter, Facebook, blog posts, and other social media accounts to show that your injuries weren’t as severe as you claimed. Be careful with the activities and pictures you post online after a car accident.
Using the Wrong Documents to Execute
Don’t sign anything until you’ve had a conversation with a lawyer. Many contracts contain small print or legalese that waives your right to make subsequent injury claims. Or the language in the document might give the at-fault driver’s insurance company permission to infringe on your privacy by getting access to your medical files.
Filing a Claim too Slowly
The statute of limitations for all personal injury claims in Massachusetts is three years. You won’t be able to receive compensation for lost wages, medical costs, or any pain and suffering you experienced if you wait too long to file your claim.
Personal injury cases involving automobiles, trucks, motorcycles, and commercial vehicles are their area of expertise. They are aware of the difficulties you might experience as a result of your injuries on an emotional, psychological, and physical level. A car crash can be incredibly traumatic. If you’ve lost a loved one, being there for your family or getting better should be your top priority.