What happens when you file a lawsuit based on a car accident? What are you getting yourself into? What are the basis steps? In this post, we’ll tell you about the basics of what happens if you’re unable to reach an agreement with the insurance company or other driver after a car accident and decide to file a lawsuit. Based on our experience as a car accident lawyer Memphis, TN has trusted for years in car wreck cases, this is what happens in most typical car accident lawsuits:
Filing the Complaint in Court
Once you decide to move forward with a lawsuit, your lawyer will prepare what is referred to as a “Complaint” and he or she will file it with the appropriate court. Your lawyer will need the specific details of the accident and your injuries to include in the Complaint. Once the Complaint is filed, the other driver, called the defendant, will have a period of time, usually 30 days, to file an “Answer,” admitting or denying the assertions in your Complaint.
After the Complaint and Answer are filed, the parties to the lawsuit will engage in what is called “discovery.” The lawyers will draft and issue written questions, called interrogatories, which the parties will have to answer. The questions are designed to hash out the issues in the case and to discover the facts and information each side has. Document request will also be issued. These are requests for the production of documents, such as medical records, photographs, and any other thing that is pertinent to the case. After written discovery is conducted, the parties will take depositions. A deposition is when a party or witness must appear to answer questions about the case under oath in the presence of a court reporter. Depositions usually take place in a lawyer’s office.
Negotiations and/or Trial
After discovery is completed and the parties have obtained all the information they need about the case, there are usually settlement negotiations. The negotiations be information, such as during phone calls or emails between lawyers, or may take place in a more formal setting at a mediation. In a mediation, the parties hire an independent third party neutral, called a mediator, to help the parties come to an agreement. If an agreement can’t be reached either through negotiations or mediation, the lawyers will set the case for trial.
How Long Does a Lawsuit Take?
Each case is different. Assuming a case goes to trial, it may take 1 to 3 years from start to finish, depending on how complicated the case is and how many parties and lawyers are involved.
If you need a lawyer to help with your car crash case, or another kind of injury case, contact the experienced car accident lawyer Memphis, TN turns to when injuries are serious. Thanks to our friends and contributors at Wiseman Bray PLLC who have significant experience fighting for car accident victims in Tennessee. Contact Wiseman Bray PLLC today if you need a car accident lawyer Memphis, TN trusts with its most serious cases.