Today we are going to talk a little bit about all phases that go into a car accident lawsuit. In this video, I’m going to just generally talk about all of them. And then in subsequent videos, I’ll try to go a little bit deeper into each one of those sections. Every time I sit down with my client, my stance is counted on being with me for the next six months to a year. If we’re able to resolve this as a claim, and if not then we’re going to litigate. And then count on being with me between year or two. So, the timeline of a personal injury:

The first stage of a lawsuit #

So, the very first stage of a lawsuit we try to do this as much as possible, and we have to keep in mind that the vast majority of personal injury car accident cases are resolved before we have to file a lawsuit. So, about 90% plus are resolved before we ever have to file a lawsuit. The first phase is the pre-lawsuit demand. If you are able to resolve that case there and then without having to file a lawsuit, we do it, obviously keeping in mind the value of the case, what the client wants and so on.

Next step #

Next step, if we don’t get a resolution before filing a lawsuit is obviously to file that personal injury lawsuit. That involves paperwork to make it to court. The next step is the issuance of summons, which means that either the sheriff goes to the defendant and hands them the paperwork, or we find a special process server to do that on our behalf. That gives notice to the defendant drivers while is there an insurance company that lawsuit has been started.

Answers #

The next step is going to be the answers. The insurance company or the lawyer for the defendant enters on their behalf. And they answer our complaint basically admitting or denying all the allegations that we put into our petition.

Written discovery #

Next step is written discovery. Basically we exchange would the defendant questions we send the asset to the defendant. And then the defendant sends one set to our client and we filled those out with our client.

Next step would be the deposition of parties #

We sit down with the defendant and then we get to ask him or her any and all questions that we do not answer trough discovery, or where we want to go a little bit deeper. And defendant and their lawyers have got the same right to sit down with our client and ask any and all questions. Well, I said any and all questions, obviously, they can’t just go digging around, there are some perimeters that they have to abide by. If we can’t reach an agreement after that, that’s fine if not, then we have got depose non-expert witnesses. Somebody that saw what happened, heard what happened, he’s not going to give their opinion, so it’s just going to be, what, how, why.

Next step is going to be, this is very close to trial because the expert depositions are very very expensive. If we have to depose orthopaedic specialist those can run into thousands of dollars and we try to hold of form that, until very close to trial. If we are unable to settle after that, obviously then we go to trial.

The jury of our peers is going to sit there, listen to our arguments, and they make that decision.

Hopefully, this helps, and if you have any other questions about the timeline of a personal injury, call me at 314-352-6800. Thank you very much, and you have a good day!

Bajric & Ramic Law Office
Nedim Ramic – Auto Accident Lawyer – Personal Injury Attorney