When you are injured in a truck accident, car crash, or motorcycle collision, you suffer financial, emotional, and physical injuries. You are entitled to recover compensation from the driver who caused the collision. Unfortunately, the accident claim process does not always work as smoothly as it should. If the other driver is clearly at fault, his insurance company should pay your claim. This may be what the insurance company should do; however, it is not always what happens in an accident claim.
In some accident claims, the insurance company refuses to negotiate a fair settlement. If this is the case, we must file a personal injury lawsuit. We understand you may have many questions about filing a personal injury lawsuit. You may also be nervous about going to court. Our New Orleans car accident attorneys are talented trial attorneys who understand how to get you the largest settlement in or outside of court.
Call (504) 587-1440 or 1-800-587-1889 for your free consultation with a No LA accident attorney!
Filing a Personal Injury Lawsuit
If our attorneys must file a personal injury lawsuit for your accident claim, the process begins with filing paperwork with the court. The complaint we file alleges the defendant caused the accident that resulted in your injuries and damages. We ask the court to find that the defendant was responsible and order the defendant to compensate you for your damages
In most personal injury lawsuits, the insurance company for the at-fault driver hires and attorney to defend the case. The attorney for the insurance company files an answer responding to the allegations of our lawsuit. At this time, we begin the discovery process.
The Discovery Process of a Lawsuit
During discovery, both sides can take certain actions to learn more about the other side’s case and evidence. We can take the deposition of the defendant and any witnesses the defense intends to use to support the defendant’s allegations. During a deposition, the person being deposed answers questions under oath. We can also request documents and ask questions under oath (interrogatories). During the discovery process, the insurance company may decide our case is strong; therefore, it will settle prior to going to trial.
Motions and Trial
Both sides have the opportunity to file various motions prior to the trial. The defendant will often file a motion to dismiss and we will file a motion for default judgment. The judge hears all motions and rules on those motions. If the case does not settle, a trial date will be set. However, most personal injury lawsuits are settled prior to the trial.
During the trial, we present our evidence through calling witnesses to testify. The defendant presents his evidence to refute our allegations. Once both sides have the opportunity to present their case, the matter goes to a jury for a decision. We can always settle the matter at any time prior to the jury entering a verdict.
Have You Been Injured In A Motor Vehicle Accident?
If you have been injured due to the actions of a negligent, reckless, or careless driver, you have the legal right to recover damages from that driver. Our New Orleans accident attorneys have extensive experience handling motor vehicle accident cases. Contact The Olinde Firm by calling (504) 587-1440 or 1-800-587-1889 to schedule a free legal consultation.