Car accidents result in unfortunate injuries, casualties, and property damage daily across the U.S. According to research conducted in 2016, California had the highest incidence of motor vehicle accidents, resulting in 61.16 fatalities per 100,000 individuals. Subsequent data collected in 2019 revealed that approximately 10,819 individuals were injured daily or lost their lives in traffic collisions throughout California.
Imagine driving around in Bakersfield, CA, and suddenly, you get rammed on the side by another car. When you’re involved in such an accident, you may want to pursue legal charges against the driver-at-fault and seek compensation for your losses. However, filing a car injury lawsuit can be complex and challenging for anyone not well-versed in the relevant laws.
If you live in Bakersfield and are involved in a car accident, to make your work easier, consider hiring a Bakersfield auto accident lawyer to help you. Below are some things you should expect when you want to file a car injury lawsuit.
1. Initial Consultation
If you seek a lawyer’s help, their first task will be to evaluate your case. The lawyer will want to know the specifics of the accident, including how and when it happened, who was at fault, the details mentioned in the police report, etc. This step is crucial to determining whether you have a strong case and can obtain reasonable compensation.
2. Investigation and Gathering Evidence
If the attorney feels you have a strong case, they may encourage you to file a claim. However, before this can be done, the lawyer will thoroughly investigate the accident to gather evidence supporting your case. This may involve interviewing witnesses, getting CCTV footage of the area where the accident occurred, getting your medical records, and so on.
3. Negotiations and Settlement Discussions
After gathering sufficient evidence, the attorney will try to negotiate a settlement with the other party’s insurance company. Settlements are a quick route to compensation and can save you valuable time.
Depending on how complex your case is, the negotiations may take weeks or even months to be concluded.
4. Filing a Lawsuit
The attorney can advise you to go to trial if the other party’s legal representatives do not offer fair compensation. Here, a formal complaint will be filed with the court. In the complaint, the attorney will explain your claim’s legal basis and the compensation you seek.
After filing, the opposing party will be served with the complaint, and the legal process begins.
5. Discovery Phase
You and the other party will enter the discovery phase when the lawsuit is filed. Each side gathers and exchanges information relevant to the case in this stage. This includes written interrogatories, depositions, and possibly independent medical examinations. The discovery process allows both sides to evaluate the strength of the opposing party’s case and build their own arguments based on the evidence provided.
6. Trial
If your case proceeds to trial, you and the other party must present your arguments and evidence in court. Your attorney will work diligently to establish liability, demonstrate the extent of your injuries, and prove the damages you have suffered. Witnesses may be called, expert testimony may be presented, and your attorney will deliver opening and closing statements.
7. Verdict and Post-Trial Actions
At the end of the trial, the judge or jury will reach a verdict, determining whether the defendant is liable for your injuries and, if so, the compensation you are entitled to receive. If you are successful, the court will rule in your favor, specifying the damages awarded. However, keep in mind that the opposing party may appeal the decision, which can prolong your case’s resolution.
8. Post-Settlement or Post-Trial Actions
Specific actions will be needed after a successful settlement or conclusion of your trial. Your attorney will help you navigate the post-settlement phase. For example, the lawyer can help you negotiate with medical providers to deal with outstanding bills, address any additional claims from insurance companies, and finalize the settlement amount.
Conclusion
A car injury lawsuit requires thorough preparation, evidence collection, negotiation, and possibly even a trial. With a proper understanding of the various stages involved and the support of a skilled personal injury lawyer, you can confidently navigate the legal system. It is crucial to seek guidance from a legal expert who can assess your case thoroughly and provide tailored advice to protect your rights.
