The Dynamics of Car Accident Lawsuits

 Posted on September 26, 2013 in Personal Injury

Car accident lawsuits are unique because there are three parties involved: the two drivers and the insurance company of the defendant. These three parties have distinct, diverging and competing interests. The insurance company is supposed to serve the insured; however, often the insurance company will take actions that are in its own best interest but not that of their client. When a car accident involves a personal injury or significant damage to property, the parties may have to go to trial to establish damages. The lawsuit must follow the Illinois Rules of Civil Procedure. The plaintiff typically begins the litigation process by hiring an experienced car accident attorney. After the initial consultation, the attorney will draft a complaint that sets forth the legal theory on which the plaintiff is basing the case. The complaint will also point to sufficient facts to support those legal theories. The case begins once the attorney files the complaint. The lawsuit will usually be against the individual defendant as well as the insurance company. The defendants then have a set amount of time to file an answer. In the answer, the defendants will admit, deny or state that they have no knowledge of the allegations. After they file the complaint and answer, the parties will engage in discovery, which is when the parties disclose information, depose parties and identify witnesses. Once the parties disclose most of the information, the defendants will try to derail the case by filing a motion to dismiss based on several legal theories. A good Illinois car accident litigator will anticipate and prepare for these gimmicks. If the defendants fail in dismissing the case, the parties will prepare for trial. The period before trail is conducive to settlement discussions as the defendants will try to avoid an expensive trial. If the parties are unable to settle, they will go to trial before a judge or a jury. The trial is often only a few days, but preparing for it requires hard work. Fortunately, an experienced Illinois car accident attorney will be ready to overcome any challenge.