If you've been the victim of an auto accident, you may want to take legal action against the other driver. There are sure to be some financial losses that you will incur and be able to get reimbursed for these may require you to file a lawsuit. Civil litigation can be a long and complicated process. It's ideal to know the necessary steps for taking legal action against the other driver.
File the Complaint
The first thing you will want to do is meet with your attorney and discuss the details of your accident. This will enable your car accident lawyer to determine the charges to put in the complaint.
The complaint is the legal document that will be filed in a court of law against the person driving the other car that was involved in the collision.
Serve the Summons
Once you've determined the accurate allegations and charges and have listed these in the complaint, this will be served to the defendant. You can have this document sent by certified mail or delivered by your local sheriff.
Response to the Complaint
It's necessary for the defendant to reply to the charges that you've made. This should be done within 30 days of receiving the complaint. However, it's possible to get an extension of this time if the court allows it.
Once the complaint has been filed and served, and a response has been given the case can continue. The next phase is the discovery stage, and this is typically one of the most critical stages of civil litigation.
Listed below are four parts involved during the development stage:
1. Written interrogatories – This is when you will be served a series of questions that must be answered about the case.
2. The deposition – It's likely you will need to meet face-to-face with your opponent's attorney and answer inquiries about the case.
3. Requests for admissions – Either admitting or denying certain statements about the case may shorten the amount of time that your case is in court.
4. Requests for production documents – This is the time to submit information that may enable you to recover any of your financial losses, such as medical receipts of lost wages.
The key to being able to recover from a devastating car accident is by working to get compensation for your losses. Be sure to consult with an auto accident attorney that can guide you through the steps involved in this process. Contact a business, such as Gelman Gelman Wiskow & McCarthy LLC, for more information.