Car Accident Claim Procedures: Common Legal Stages Involved for Filing the Claim

The aftermath of being involved in a car accident can be often confusing, contentious and painful. Once you get involved in an auto accident, what you say and do within the first few moments may impact your claim in a profound way. Seeking compensations for the damages and injuries you sustain is never easy without legal advice and instructions from a competent Todd Peterson Portland car accident attorney. In fact, filing a claim against the driver at fault for the injuries you sustain would involve several legal stages. Your auto accident lawyer will guide in each of the following legal stages:

Pleadings

The first thing you do once you decide to file your lawsuit is to fill certain initial legal or court papers. Most lawyers call this stage the “pleadings” stage. Here, the petition or complaint you file should identify the involved parties, explain the role the court would play, state the plaintiff’s claims, and finally highlight the claim-related facts. An honest Todd Peterson Portland car accident attorney will help you know that a complaint can be a relief prayer or a demand for judgment. The court then notifies the defendant through a summons that someone is suing them and calls them to respond.

Discovery

In most countries today, the involved parties should disclose to each other all the relevant accident documents and facts before trial. This is what any qualified and knowledgeable personal injury lawyer Oregon has today calls discovery. The three discovery types today include document production, written discovery, and depositions. In a written discovery, the plaintiff and defendant question each other and compel each other to deny or admit the specific tabled facts. During deposition, each party has legal access to all the evidence available. Depositions are normally sworn statements that the plaintiff or defendant give when responding to the lawyer’s questions under oath.

Motions

During the case process, it comes a time when your lawyer files some requests in court. These are motions and they are of different types. During the early stages of a car accident or personal injury case, your lawyer can bring forth motions to dismiss the case. This usually happens when the defendant is convinced that the complaint doesn’t satisfy any legal perspective. It could happen even before the discovery stage has begun. An experienced car accident lawyer at Peterson Law Offices could make summary judgment motions if the case central facts are not in dispute.

Trial

Most car accident cases get to trial once the settlement stage fails. During the trial, the attorneys for both the defendant and plaintiff make opening statements that the jury pays much attention to. The plaintiff’s Todd Peterson Portland car accident attorney makes opening statements indicating that the defendant is liable for the injuries and damages their client incurred. The defendant’s attorney then challenges the plaintiff’s facts with an absolute defense. Witnesses are then invited to present evidence and testimony for cross-examination.

Some people wonder why they don’t get compensated a few days after the car accident happens. Compensation delays because these stages have to be followed. These legal stages are technical and require legal expertise that only competent lawyers can provide. You can browse through the website injurylaworegon.com for more information about the stages involved when filing a car accident claim.

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