Filing a Lawsuit
Most of the time, auto accident cases are resolved in a settlement, but in some instances, they require a lawsuit to get resolved. In this instance, the first step is for your auto accident attorney to write a legal document called a complaint. The complaint is filed at the courthouse, and then the defendant (more likely his insurance company) will have an attorney file a formal response with the Court. Filing a lawsuit does not mean that you are going to trial. Again, the vast majority of lawsuits also settle before trial. People often think they are “going to court” if the file a lawsuit. In layman’s terms, the filing of a lawsuit simply takes the case out of the informal setting between your lawyer and the insurance company and formally puts it in into the court system so that a judge can assist with any legal disputes that arise.
Discovery
The discovery phase begins after a lawsuit is filed. This phase of the case allows both sides to ask questions and obtain additional documents that may not have been available without a subpoena. The purpose is to “discover” the other side’s evidence, and learn more about the opposing party’s case. This is done by many methods, including submitting requests for documents, and submitting interrogatories (questions in writing that the opposing party must answer) or depositions (in-person or videoconference interviews conducted by the attorneys.)
We will be by your side, every step of the way, to fight for a favorable outcome in your case.