Auto collisions happen every day. Car crashes, in fact, are a leading cause of injuries and deaths in the United States. The National Safety Council reports that accident-related injuries impact more than 3 million people in the U.S. each year. These injuries lead to financial losses that pile up long after the collision occurred.
If another person’s careless or reckless conduct caused your injuries, you could be entitled to compensation for your economic damages. You could also receive compensation for non-economic damages such as pain and suffering, mental anguish, emotional distress, inconvenience, loss of enjoyment of life, etc.
To pursue a financial recovery, you need to go through the personal injury claims process:
INITIAL CONSULTATION. The process starts with meeting a lawyer. Most personal injury law firms, including our firm, provide this initial case review at no charge. During the consultation, you will discuss the details of your case, including the nature of the collision and the extent of your injuries. The lawyer will ask you a series of questions. You should ask your own questions, too.
The lawyer can advise you on the best course of action to take in your case and describe the types of compensation that may be available to you. You and the lawyer should also discuss attorney’s fees. For instance, at our law firm, we work with personal injury clients on a contingent fee basis. Our clients pay nothing unless we secure a financial recovery for them.
DEMAND PACKAGE. Once you're done treating and your doctors have an expert opinion on the nature and extent of your injuries, the lawyer will begin collecting your medical record, wage loss records, and other evidence they plan to use to support your claim. All of this information is sent to the at-fault driver's insurance company along with a summary of the facts of the case, the lawyer's theory of liability and causes of action, and a demand for settlement. If settlement negotiations don't resolve your case, the lawyer will talk with you about filing a lawsuit against the other driver.
FILING COURT DOCUMENTS. If you move forward with filing a personal injury lawsuit, your attorney will file and serve a Summons and Complaint and all other required documents. The party you sue will be listed as the Defendant on the Complaint. You will be listed as the Plaintiff. The Complaint will state the facts of collision and your injuries, the legal basis for holding the defendant liable, and the types of damages that you are seeking. The Defendant's insurance company will then hire a lawyer for the Defendant who will file an Answer to the Complaint.
DISCOVERY. After both sides file and serve these initial documents, the parties will enter discovery. This is a formal evidence-exchanging process.
During discovery, your lawyer will send a list of questions, or interrogatories, to the Defendant. The lawyer will also submit a request for production of documents. Both sides may also take depositions, or sworn statements. The Defendant's lawyer may also require you to be seen and your medical records reviewed by a doctor of their choosing.
Additionally, your lawyer may consult with an accident reconstruction expert or medical experts. Those experts can help your lawyer to understand your case and provide reports. If your case goes to trial, one or more of these experts may testify on your behalf.
PRETRIAL MOTIONS AND HEARINGS. Attorneys typically use pretrial motions to compel the other side to provide evidence. However, attorneys may also file motions that are aimed at resolving a case before it goes to trial. For instance, the Defendant’s attorney may file a motion to dismiss all or part of a lawsuit based on a lack of evidence or jurisdiction. The Plaintiff’s attorney, on the other hand, may file a motion for summary judgment. This motion would argue that the facts in the case are undisputed, and the judge should, in turn, grant immediate relief.
SETTLEMENT NEGOTIATIONS. The attorneys for both sides typically try to reach a settlement before a case goes to trial. In a settlement, the Defendant agrees to pay compensation, and the Plaintiff agrees to release the defendant from liability.
The negotiation process starts with the Plaintiff making a demand for compensation. The Defendant replies with an offer. The parties may go back-and-forth several times. In many cases, the parties bring in a mediator. The mediator’s role is to get the parties to reach an agreement.
TRIAL. If the parties fail to reach a settlement, a personal injury case will go to trial. Typically, the trial involves two stages. First, the jury decides if the Defendant is liable. If so, the jury determines the amount of damages to award the Plaintiff.
COLLECTING YOUR JUDGMENT OR SETTLEMENT. After you reach a settlement with the other side or a court enters a judgment in your favor, your lawyer will go through the process of collecting and distributing the funds, including the funds owed to you.
POST-TRIAL MOTIONS AND APPEALS. If the court enters a judgment in your favor, the Defendant may file a post-trial motion that seeks to set aside that judgment or reduce the amount of damages that a jury awarded to you.
The Defendant could also pursue an appeal, which involves asking a higher court such as the Washington State Court of Appeals to determine whether any legal errors occurred at the trial. While a case is on appeal, the parties may actually resume settlement negotiations in an effort to bring timely closure to the case.
If you or someone you love suffers injuries due to another’s negligence, contact us at 253.858.5434 to set up an appointment today.