When issues related to a car accident arise, it may be necessary to take legal action and file a personal injury lawsuit in court. In Massachusetts, most car accident cases are usually settled before a lawsuit is filed. However, if both parties cannot agree on the amount of compensation the victim should receive for their losses and damages, the case may go to trial. If your car accident case goes to court, there are some things you can expect.
Jury trials in car accidents usually last only a few days from when jury selection begins until a verdict is reached. However, the length of a trial varies greatly depending on the complexity of the case and the local court procedures applicable in your state. A car accident trial can be heard by a single judge (jury trial) or it can be tried before a jury (jury trial). In some states, a jury trial must be requested as part of the original documentation that initiates the lawsuit (usually called a complaint).
In most cases, the law provides for three years to file a personal injury lawsuit in a Massachusetts court, starting from the date of the accident. In rare cases, this deadline may be extended to allow for the discovery of a latent injury that was not detectable until long after the accident. When car accident claims cannot be resolved through negotiations, they can go to court for a judge or jury to decide. When you work with an experienced car accident lawyer, he or she will ensure that you are well prepared to answer questions from both parties. For example, to establish how the car accident occurred, the plaintiff's attorney would likely call the plaintiff to testify about his observations just before and during the accident, and at the scene shortly after.
Especially when a counterclaim has been filed, the defendant could try to prove that the plaintiff was actually at fault for the car accident. In a car accident lawsuit, this usually means that the plaintiff will have to convince the jury (or judge) that the defendant (the person being sued) was negligent in operating their vehicle, and that this negligence was the cause of the plaintiff's car accident and injuries. And yet, there have been cases where a jury finds that the defendant driver was negligent, but that the plaintiff did not suffer any harm or that the damages were not causally related to the car accident. If you're considering taking your car accident case to court, it is essential that you have an experienced car accident attorney on your side. An experienced lawyer will investigate all available insurance coverages in order to advise their client whether to settle their personal injury claim or go to court. Whether to resolve a personal injury lawsuit from a car accident or go to court really depends on a variety of factors. If your car accident case cannot be resolved through settlement, then you may be wondering what happens if your case goes to trial.
If you've been seriously injured, you want an attorney who fights to get you the compensation you deserve. Once again, you control the outcome if your car accident lawyer can negotiate a reasonable settlement of your personal injury claim. But what happens if both parties are too far apart to come to an agreement and your case ends up in court? The discovery phase is where your attorney will gather evidence, interview witnesses, review police reports, review the scene of the accident, investigate applicable case law and statutes, and begin building your case. Most car accident claims are resolved at some point without filing a lawsuit in court. If you're thinking of taking your car accident case to court, it is important that you understand what happens during each stage of litigation.
Knowing what to expect can help you make informed decisions about how best to proceed with your case.
