The Stages Of A Tennessee Car Accident Case

Unless you’ve gone through the process before, most people don’t know the process or stages of a car accident case and lawsuit. The whole process can take many months or even a few years, depending upon the facts of the case and the extent of the injuries involved. It can be a complicated process. In almost every case, having an experienced car wreck lawyer on your side will result in you receiving more money for your injuries and the full and fair compensation for your pain and suffering.

Investigation Stage

This stage is the first part of a case where your lawyer will sign you up as a lawyer and let everyone involved in the case know that you now have a legal representative and people should not be contacting you, but your attorney. This involves contacting insurance companies and adjusters so that they will not contact and bother you. During this stage your attorney will obtain the police investigation report, track down any witnesses in order to get their recorded statements, and also request the initial batch of your medical records.

Filing the Lawsuit

Before filing a lawsuit, if the injuries were not extremely serious and the negligence case was fairly straightforward, your attorney might attempt to negotiate a quick settlement to the case. Whether this happens depends upon many factors and does not happen in every case. If it does happen, your attorney should only settle the case if the amount constitutes fair compensation for the pain and suffering you have gone through.

If the case does not settle, then the filing of a lawsuit is the first step in the process. This is done by filing a Complaint that details the facts of the case in written form. A lawsuit has to be filed within 1 year from the date of the accident in order to maintain your rights to seek compensation. If you do not hire a lawyer who files a lawsuit within that one year, then you will be forever barred from seeking compensation for your injuries. Once the Complaint is filed, the Defendant (negligent driver) will file an Answer to the Complaint where they either admit or deny the factual allegations in the Complaint. Once this process is complete, the case moves onto the Discovery Phase.

Discovery Stage

During the Discovery Stage, both sides to the lawsuit exchange information about themselves and the facts of the case. This is accomplished through Interrogatories (written questions) that each side sends to the other. There are also Requests for Production of Documents that are sent, usually requesting documents, pictures, reports, medical records, etc., that each side has in their possession. Once all of the information is shared, depositions will be scheduled. This is where each side’s lawyer will get to sit down with either the plaintiff and defendant and ask questions, face to face, and on the record. Again, this is a way to obtain information and what is said in these depositions can be used at a trial.

Mediation

Once all of the discovery is complete, in most cases the parties will attempt settlement discussions. A settlement discussion meeting is called a “Mediation” and most judges will require the parties to engage in this process to see if the case can settle before it is scheduled for trial. Obviously, the case can settle at any time during the entire litigation process, however. A Mediation session is where an objective third party will sit down with both sides to hear the evidence and discuss the extent of the injuries and treatment. Once the mediator hears the evidence, they will make a recommendation as to how they think the case should be resolved. You can agree to the proposal or refuse the proposal and continue settlement negotiations after mediation.

Trial

If the case does not settle, then the judge will schedule a date for a trial. At this point, you and your lawyer will begin trial preparation. There are evidentiary exhibits to prepare, motions to write, and experts to hire to testify at trial. Every case is different, but with most cases, there is extensive trial preparation because you usually only get one shot at presenting your case in front of a jury. If you are successful at trial and the jury awards you money compensation, the parties have the right to appeal, if they believe there is some issue to appeal. This is why the whole process of a car accident lawsuit can potentially take several years to complete.

Robert BatesRobert is a Kingsport trial lawyer who handles car, truck and motorcycle wreck cases across the Tri-Cities. Every client gets his cell number.