The process begins when you file a summons and complaint in court. These documents then must get served on the defendant.
To prepare for the trial, both sides have an opportunity to find out about the other side’s legal claims and defenses. This portion of the litigation process is known as discovery. During the discovery phase of litigation, you and your lawyer may need to answer written questions, called interrogatories, and supply various types of documents.
Those necessary documents may include:
- Copies of all of your treatment records and medical bills
- Copies of lost wage documentation from your employer
- Notes from your health care provider that authorize you to be off work for a certain time
- Photographs of the damage to your vehicle and your injuries
Your attorney may assemble a team of experts to determine what happened, who was at fault, and the extent of the injuries. Once the trial begins, both sides present evidence, and the judge or jury rules.
In the case of a jury trial, the jury will decide the outcome of all disputed issues in the case. While liability—or fault—is an issue in some car accident cases, the main issue in most car accidents is that of damages, or how much money the accident victim plaintiff needs to recover for their injuries and losses.
The facts of every car accident are different. Many accident cases settle out of court. In these cases, the parties negotiate a settlement before trial. The courts also encourage alternative means of dispute resolution, such as arbitration or mediation, to resolve the case.