How Long Force a Car Accident Law Suit?
The length of a car accident lawsuit depends on several factors, including the parties’ relative fault. The compensation varies based on the fault of each party. In many cases, the parties will negotiate settlement amounts before trial. A motion to dismiss can add months to the case. This motion can be filed before the defendant answers the complaint, after discovery, or after the trial.
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Discovery is the longest phase of a car accident lawsuit
Discovery is the first phase of a car accident lawsuit and involves gathering evidence and information about the other party. It is a crucial time for attorneys to gather information and evidence to prove their case in court. It also gives them the chance to obtain important documents from other parties, such as the opposing counsel or insurance company. The process may involve witness interviews, physical damage assessments, and depositions.
Discovery is the first phase of the process, and it can last for months or even years. During this period, both sides present their versions of the accident and may have consulted experts on the subject. As a result, the process is often lengthy and involves exchanging documents and depositions. During this period, many cases settle out of court. If a case does not settle, the parties may consider mediation.
Compensation depends on each party’s share of fault in the crash
If you were involved in a car crash and you were partially at fault for causing the accident, you may be eligible for compensation. However, this process can be complicated, as each party will try to assign blame to others. Compensation in such cases depends on the state laws and your percentage of fault.
For example, you might be found to be 25% at fault, and the other driver was 75% at fault. This would mean that you would receive 75 percent of the damages, while the other driver would receive the remaining 25 percent. But, if you are found to have been primarily at fault, you would receive a smaller settlement than you’d receive if you were completely at fault.
Settlement negotiations
If you are pursuing a lawsuit for an auto accident, you will have to negotiate with an insurance adjuster. The insurance adjuster wants to settle your case for as little money as possible. Before starting the negotiation process, you must gather your medical bills and records. An attorney can help you understand the importance of this information. The insurance adjuster will want to wait until you have received treatment to decide whether or not a settlement offer is fair.
The duration of settlement negotiations will depend on the extent of your injuries and treatment, and the court calendar. If your case is backlogged, a settlement could take longer than anticipated. Both sides may also become impatient with the long wait.