Lawyers, insurance companies, judges, and juries. To some, accident litigation is daunting and mysterious. To others, it is frustrating and stressful.
Understanding what will occur in accident litigation can alleviate some of that anxiety. Below is a general description of the litigation process.
First and foremost, retain a lawyer to help you through your accident litigation. A Rockford accident lawyer at Brassfield, Krueger & Ramlow, Ltd. serves as a guide for you through the accident litigation process.
The litigation officially starts with the plaintiff’s filing of a complaint with the court. The complaint identifies the parties and sets forth the plaintiff’s claims against the defendant.
After the complaint is served on the defendant, the defendant files an answer, in which he or she either admits or denies the plaintiff’s allegations and sets forth any defenses. The defendant also can assert claims against the plaintiff, any other defendants, or a party not already in the litigation.
In the discovery process, the parties exchange information about the case. The parties answer interrogatories, which are written questions about the facts and claims in the case. The parties also must produce documents relevant to the case. Finally, the parties have their depositions taken by the opposing attorney.
The attorneys sometimes will make a pretrial motion, which is a request filed with the court asking for a ruling on a particular issue. A dispositive motion could terminate the litigation and end the case before trial. A nondispositive motion resolves an incidental issue that arises during the case.
Frequently, accident claims do not reach trial and instead are resolved through a negotiated settlement between the parties. Under a settlement, the plaintiff agrees to give up his or her right to pursue any further legal action in exchange for the payment of an agreed upon amount of money.
At trial, the plaintiff has the opportunity to argue his or her case, and the defendant can attempt to refute the plaintiff’s case and offer his or her own evidence. A judge or jury will consider whether the defendant is liable and, if so, to what extent.
Call 815.398.9700 for a Rockford accident attorney.
How did we do?
Note: Your review may be shared publicly.