The Process of a Lawsuit From Crash to Trial: Explained by an Albuquerque Car Accident Lawyer

The Process of a Lawsuit From Crash to Trial: Explained by an Albuquerque Car Accident Lawyer

When you’re involved in a car crash caused by another motorist’s negligence and suffer damages, you will begin a process where their insurance provider and you will try to reach an out-of-court settlement. If you can’t reach a fair settlement, you may have to take your car accident case to court for a trial. By filing a lawsuit, you and your personal injury lawyer can present your case to a jury, who will decide how much compensation you should receive.

It’s a long and unfamiliar process! So, what is the broad overview of this process from crash to verdict? Here’s everything you need to know about taking a car accident case to court.

Step-by-Step Breakdown of the Lawsuit Process

Step 1: The Crash and Initial Response

This is an immediate and stressful event without a doubt, but try to keep in mind a few of the following points at this very first step: After a car accident, it’s always best to call emergency services, document the scene, and see a doctor.Your health and safety are the most important thing. In addition, New Mexico law requires the exchange of license and insurance information between the parties.

Step 2: Seeking Legal Advice

While a car crash is not uncommon, it happens seldom enough that the ordinary person is not likely to have the experience necessary to understand the best next steps. A local car accident lawyer can help you assess your case and determine who is liable for the accident. Auto accident legal representation is handy when it’s time to file a claim and pursue damages.

Start by researching to decide who your attorney will be. Ask friends for recommendations or suggestions. Consider the style, attitude, and feel of various offices to determine what attorney will work best for you, your tastes, and your needs. Law firms that advertise on billboards and television tend to stay prominent in people’s minds, suggesting they have substantial resources and institutional experience. However, when you reach out, will you interact with the lawyer (or actor) you saw on screen, or will you be passed around among various paralegals and secretaries? Instead, are you looking for an individual touch and a more personalized, supportive method? Remember, ultimately, you will rely on your lawyer’s advice and assurances about settling a claim that can make a big difference in your life trajectory. You definitely want a lawyer local to Albuquerque so you can be assured that they know the town, the intersection, the neighborhood and will be here in case something big arises. Choosing a lawyer you trust and feel comfortable with will be a huge step for you and take a significant stressor off your plate.

Step 3: Making the Claim

A lot of planning and careful thought goes into filing a claim, including preparing a demand letter, communicating with insurance companies, tallying the damages, and strategizing with you about hopes and expectations. A demand letter is a document sent to the at-fault party’s insurance company outlining the accident details and how much compensation you are asking for. This step lays out the parameters of your case to the other side. If you are getting medical treatment that is ongoing, it may be advantageous to wait until your ultimate prognosis becomes clear before a full fair demand is presented to the insurance company so your true and total injuries can be represented.

Step 4: Pre-Litigation Negotiation

Most personal injury cases are actually settled outside of the courtroom. Possibly, the insurance company will meet the demand you set out in your letter. But if not, they may counter. Both sides exchange offers and your layer advocates for a settlement that fully compensates your damages. A lawyer is ethically bound to communicate all offers to settle from the opposing party and advise accordingly. If the insurer refuses to offer a reasonable settlement and your lawyer advises you to fight it, filing a lawsuit in court may be the next step.

Step 5: Filing the Lawsuit

If negotiations don’t work, filing a formal lawsuit is next. Filing begins with preparing a complaint, a legal document summarizing your case. The complaint details how the other driver was at fault and how you sustained injuries in formal legal language.

Once the complaint is filed with the court, the defendant is notified about the lawsuit and served with the documents. The defendant must then respond to the lawsuit with an answer that outlines their defenses. Alternatively, they can file a motion to dismiss if your claim has a critical flaw. Your lawyer’s goal at this stage is to ensure the case is on the right path as it moves toward trial.

Step 6: Discovery Phase

This is the point in a personal injury trial where both sides gather evidence to build a case. Evidence may include medical records, police reports, photos, witness statements, expert opinions, etc. Many rules state how the parties have to give each other the information and facts. This process is called discovery. This phase also includes depositions. In a deposition, a witness in a lawsuit must testify under oath to the opposing attorney.

As the plaintiff in this lawsuit, you may have to provide your deposition and testify about your experience of the crash, including your observations, experiences, and how the crash has impacted you. Without a doubt, the plaintiff’s deposition is a crucial stage where the defense team confronts and is confronted by your truth. The plaintiff’s performance in their deposition may powerfully influence the value of any possible settlement aside from proceeding to trial because the defense finally sees who you are and what you are about. The enormity and stress of being deposed about a traumatic event in your life is where you will be so thankful that you have chosen a supportive attorney who hears and sees you.

Step 7: Mediation

Before your lawsuit reaches trial, there may be another chance for mediation to settle your case. Mediation is when a mediator, likely a lawyer with decades of experience, helps you and the defendant to reach a settlement you are both comfortable with. Mediation is an important window into how an impartial judge and a jury might respond to and value your claim at trial. This reality check often nudges the two parties to reach a mutually satisfactory agreement.

Step 8: The Trial

If mediation doesn’t work and your lawyer can fend off any attacks or disruptions by the defense team, your case will head to trial. A trial is a very formal process where both sides present their case before a judge or jury to determine the outcome. Trials are unpredictable and arduous processes that test attorneys’ skills and experience.

At this stage, you will feel relieved if your attorney has significant trial experience and is comfortable and confident in this challenging environment before the judge and jury.

A jury trial will consist of:
● Motions in Limine (determination of issues involving potential evidence)
● Voir Dire (jury selection)
● Opening Statements
● The Plaintiff’s case, which includes testimony from your witnesses
● The Defense’s case, which includes testimony from their witnesses
● Determination of Jury Instructions
● Closing Argument.


Step 9: Verdict

After the trial, the judge or jury delivers a ruling. If the verdict is in your favor, you’ll receive payment for damages. If not, or if you’re found partially at fault, your award may be reduced or denied. Either side can appeal the decision, which can complicate and greatly delay the recovery that you won at trial.

Seek Legal Advice Today

Knowledge is power, and having a realistic understanding of the steps in a car accident lawsuit will help you maximize your settlement.

 

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