Car accidents cause more damage physically, mentally, and emotionally than anything else. If your claim does not get settled at the insurance company and by negotiations, it will be sent directly to the court. That could be draining emotionally and financially. It is a must to know how to go through the process properly without any mistakes.
This blog will delve into the process by explaining the phases of an accident claim so that you do not waste more of your time and money in the process. Law service providers like Dolan Dobrinsky Rosenblum Bluestein will provide more guidance on the process if you need it.
You Must Understand The Litigation Process
This process begins after you are denied by your insurance company. You need to file a petition at the court stating that the defendant did this damage to you, and you need this small amount as compensation. Your defendant must know that you have filed a petition against him stating the things mentioned above.
The defendant then has to file an “answer” to your petition stating the allegations and counter-allegations if he wants. He can also submit pre-trial motions stating that the claims you have submitted are not eligible to go ahead in court.
Now, both parties have the choice of not going ahead with the case and settling it outside the court; thus, it is called “settlement.” Both parties also have to gather evidence and eyewitnesses to help their cases, which will greatly aid them during the case proceedings in the court.
You Must Know What To Expect During The Trial
After filing the petition, the next and the most crucial step of your claim is the court proceedings. This is a well-structured process designed to give you and the defendant a chance at a fair trial, which will determine what is wrong and how much he has to pay to the other party.
You and the defendant have to choose a panel of jury that will stay impartial to you both during the case.
Then, your attorney will present an opening statement outlining the whole accident and all the major details. After that, you have to submit all the evidence backing up your statement or defying their statement.
After the submission of evidence by both parties, both have to present a closing argument stating what they want from the other parties, and that may include the compensation they want and the punishment they want them to receive for their misdeeds. You will also be stating your position in the case in the closing argument.
The jury and judge will then decide the verdict after considering all the evidence and claims. The judge will then give his final verdict, and that also includes the compensation the plaintiff will receive or he has to give to the defendant.
You Must Understand What Happens After The Trial
After the courtroom process, a lot of things can happen, and you have to understand them. You should also know what to do in each condition.
If the case ends in your favor, then you will get the compensation decided by the judge and the jury. You can also settle even after the verdict if that is in your favor.
If the case does not end in your favor, then the case will be dismissed, and you will not get any compensation. The defendant will not be liable for any damages you have received.
You can also submit an “appeal” in the court if you find any errors in the process. The court will review the past case for the errors you have stated. If you are proven right, then the verdict can change in your favor, or they may decide to start another trial for the settlement of your case.
Consult An Attorney As Soon As Possible!
Your attorney will help you through the entire process with his extensive and professional knowledge of the law and the process. A professional and expert will prove a valuable asset to you in this process.
