The legal process and time frames
Lawsuits related to injuries caused by car accidents are generally treated as personal injury lawsuits and filed in civil court. The plaintiff (the person suing) seeks to recover the money from the defendant (the person being sued). Here is a general overview of the steps to take to file a lawsuit.
File a complaint. The first step in pursuing a car accident lawsuit is to file a complaint with the court. This provides a detailed narrative outlining what happened, the damages you are claiming, and the legal basis for filing the lawsuit. You must file your lawsuit within your state's statute of limitations - in the case of California, within 2 years of the accident that caused your injuries.
Serve the defendant with the complaint. After filing your complaint with the court, you must inform the defendant that you have filed a
lawsuit against them. This process is officially known as “service of complaint” and you must follow strict guidelines for the court to consider the document to have been properly served.
The respondent files a response to your complaint. This response will generally include admitting or denying the factual allegations set forth in your complaint and setting out any legal defenses.
Discovery. Once the Complaint and Response is filed in court, both parties will request and exchange information. This process is known as discovery. During this phase, you may be asked to produce documents, answer written questions or take depositions related to the case. The defendant will also have the option of doing the same.
Essay. Once discovery is complete, both parties will meet and present their case to a judge or jury. If the evidence is overwhelming for one party, the case can be settled before going to trial. If this is not the case, the plaintiff and the defendant will have the opportunity to present evidence, produce witnesses, cross-examine the opposing party's witnesses, present experts, etc. Once the trial is closed, the judge or jury will deliberate and issue a verdict in favor of the plaintiff or defendant based on a "preponderance of evidence" in support of their claim, and judgment will be entered, including an amount in compensation, if applicable.
Filing a personal injury lawsuit for your car accident claim is not a simple task. It requires a significant amount of skill and experience. It's not something the average person can successfully take on on their own.
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