Most Carlsbad personal injury cases are resolved without the need for litigation. This is usually done by filing an insurance claim with an at-fault party’s liability insurance or commercial liability insurance policy. Litigation occurs when a personal injury victim files a lawsuit against the at-fault party. There are several aspects involved in litigation, including:
Complaint
Litigation officially begins when someone files a lawsuit against another. This involves preparing a complaint that sets out the facts of the case, the legal theories about why the defendant is responsible for the accident, and the amount of compensation the victim is asking to be awarded. Your Carlsbad accident attorney prepares this complaint on your behalf, and a summons, which explains to the defendant that a lawsuit is being filed against them and they have a limited amount of time to respond to avoid a default judgment.
You file these documents with the court. Your lawyer serves the defendant with them.
Answer
After the victim is served with the legal paperwork, they must file an answer within the timeline defined in the summons. If they fail to do so, the court can order a default judgment against them. In the answer, they commonly deny the allegations against them.
Motions
After the defendant is served, either party’s attorneys may file motions about the case, including motions to dismiss the case, for summary judgment, to compel discovery, or others. These motions ask the court to take specific action or to order the other side to do something.
Discovery
Next, the parties may engage in discovery. This is the formal process in which the parties exchange information and evidence to help their lawyers prepare for the case. Discovery may involve the following:
- Interrogatories – Interrogatories are written questions posed to the other party about their case. The other side must provide a written response to the questions.
- Requests for production of documents – These are written requests for copies of documents the other party has access to, such as proof of insurance, medical records, traffic tickets, and social media messages. It could also include the right to inspect a physical item or place, such as a vehicle or location where a car accident occurred.
- Requests for admissions—Parties who receive requests for admissions must succinctly admit or deny statements to reduce the number of issues involved in a dispute.
- Depositions – In a deposition, a lawyer asks a party or witness questions, and a court reporter records these statements.
Negotiations
After discovery is a common time for the parties to try to negotiate to settle the case. Both sides have a better understanding of the other’s case and a better impression of how the case may go. They may reach a settlement through their attorneys or mediation. If they reach a settlement, they ask to dismiss the complaint.
Trial or Arbitration
If the parties are unable to resolve the lawsuit, the case proceeds to arbitration or trial, where each side puts on their case, and the decision maker finds in one of their favor. Either party can appeal if they do not agree with the decision, but there are fewer grounds to appeal with arbitration.
Call for a Free Case Assessment
The Miller & Steele Law Firm consists of experienced trial lawyers. We know the rules and procedures surrounding litigation and how to achieve a successful outcome. Call (760) 439-2210 or contact us online to arrange a free, no-obligation consultation.