If you have been injured in a car accident, you are likely dealing with a lot right now. Medical bills are piling up, repair costs need to be covered, and you may be facing a loss of income due to an inability to work. You have to deal with the insurance company, the doctors, the other driver involved, the police, and the mechanics working on your vehicle. You are wondering whether or not you should sue the other party, how long the process could take, and whether or not it would be worth the effort. You are likely stressed out, emotionally drained, and worried about how to make ends meet.
Should You File an Auto Accident Lawsuit?
Filing a suit against the other party is likely the best option for you, provided that you hire good legal representation with experience representing personal injury victims. If you find a good lawyer, they can help you navigate the process and move things along as quickly as possible, as well as ensure that you receive the maximum compensation to which you are entitled.
What are the Stages of an Auto Accident Lawsuit?
- Filing the Lawsuit- The beginning of an auto accident lawsuit is always the same- you must file the suit against the other driver. The complaint will outline the allegations you are making against the defendant, what relief you are seeking, as well as the legal theory under which you will prove your case. Your attorney will help you draft your suit.
- Preliminary Motions- The defendant will have the option to make a number of motions before the case moves forward. They make a motion to change the venue of the case, a motion to change the judge, a motion for removal, which would move the case from state court to federal court, or they may file a motion to dismiss. Not all defendants choose to file a motion.
- Pre-Trial Practice- After motions have been filed and addressed, a date is set for the trial. If the judge has ordered for mediation to take place, you and your attorney will meet with the defendant and the defendant's attorney, along with a mediator. This is done in an effort to reach a settlement before proceeding to trial.
- Discovery- If mediation is unsuccessful, or if the judge does not order a mediation at all, your suit will move to the discovery phase. During this part of the process, the attorneys from both sides will review the case, investigate the facts, and interview witnesses. They will gather evidence that they believe will help your case during the trial.
- Post Discovery Resolutions- If after the discovery your attorney believes your case is very compelling, they can file a motion for summary judgment. This gives the judge the opportunity to review the evidence without conducting a formal hearing. The judge can then either rule in your favor or decide that the case needs to move to trial.
- Trial- If you and the defendant have not reached a settlement, your case will be heard in court, either during a bench trial or jury trial.
The good news is that even if your case has to be filed, most legitimate cases never have to go to trial. We are usually able to work them out reasonably through negotiation and mediation. Many never even have to be filed in Court. To get that type of response you need extremely competent and skilled trial lawyers that know the insurance industry opposition and know all the defense attorneys by name due to having fought them for decades. Hire Brad Pistotnik Law, formerly generically called Pistotnik Law since the early eighties. We are in our new beautiful headquarters at 10111 E. 21st Street North, Suite 204, Wichita, Kansas 67206.
If you or someone you know has been injured in an automobile accident, contact the experienced attorneys at Brad Pistotnik Law in Wichita, Kansas. With decades of experience representing personal injury victims, Brad has the knowledge needed to help you receive the maximum compensation for your injuries. Brad Pistotnik Law can always be reached at 1-800-241-BRAD, 316-684-4400, or you can reach Brad directly on his cell phone at 316-706-5020. Call them any time, day or night, 24 hours a day, seven days a week. You can reach Tony Atterbury at 316-617-9237.