In the unfortunate case where you or a loved one are the victims of a car accident, you can usually get compensation for your injuries by filing to your auto accident attorney.
When it comes to car accident injuries, a personal lawsuit consists of 4 main stages which are Discovery, Mediation, Trial, and Appeal. During the discovery stage, both parties gather relevant information in preparation for the trial. It is, in fact, an opportunity for the parties to assess one another’s position by asking questions and requesting documentation as well as other types of records.
An essential part of that first stage is known as the deposition, and it often constitutes the basis of any car accident lawsuit.
What is a Car Accident Deposition?
A Car Accident Deposition is an out-of-court hearing during which witnesses testify about the case. Depositions can be oral or written and are used as the foundation for the upcoming trial as all parties are allowed to question the witness.
Once the witness’s deposition is done, there are several other steps before the trial. While each case is unique with regard to its timeline, most car accident lawsuits include the following steps:
Preparation of a transcript
As part of the federal court reporting program, “each session of court and every proceeding designated by rule or order of the court or by one of the judges shall be recorded verbatim by shorthand, stenotype, steno mask, or electronic sound recording equipment.”
A court reporter must, therefore, record all testimonies given during the deposition.
Review of the transcript
After the court reporter creates the transcript, both parties will then receive a copy for review. Transcription is a crucial step in the lawsuit process as it allows them to assess the validity and credibility of the stated facts. A careful examination of the transcript will prevent any misinformation or inconsistencies from being heard in court.
The transcript is also an opportunity for either party to decide what best fits their interest, between continuing towards the trial or instead, settling the case.
Lawyer’s Evaluation
During this step, your lawyer will review your entire case, and give you an evaluation of its chances of winning. They will layout your various options and advise you on which course of action is best. Because this is one of the steps during which a car accident lawyer’s experience and skills are the most important, it is necessary to have someone who is both knowledgeable and honest, as they will tell you not only the good news but also the bad.
After evaluating the transcript, your lawyer could request the deposition of additional witnesses if any information is missing or judged incomplete.
Medical Examination
Car crashes and accidents often result in a variety of outcomes. From mild injuries to severe ones, the extent to which an accident affects one’s health can only be assessed through a full medical examination.
For this reason, the defendant’s side often requests an independent medical examination. The main issue with it is that the doctor may try to minimize the insurance company’s liability by finding reasons for your injuries that are unrelated to the accident.
Therefore, it is crucial to have an experienced Denver car accident lawyer who will prepare you for your appointment.
Settlement
When it comes to car accident cases, because the settlement is usually suitable for both parties, the goal is often to reach an agreement on a settlement offer, thus preventing the need for a trial.
A settlement may occur at any time during the lawsuit. So in the case where the insurance company presents you with a settlement offer, it is your lawyer’s duty to fully assess the offer in order to provide the best legal advice.
A good settlement offer should cover several things, including:
- Current and future medical bills
- Lost wages and earning potential
- Emotional distress
- Pain and suffering
- Property damage repairs
The acceptance of a settlement offer is final and binding, meaning it will close the case, and you can no longer present another claim for it. For this reason, you and your lawyer must reflect on the offer’s fairness to choose whether to accept or reject it.
Trial
If no settlement offer was presented to you or you choose to reject it for a specific reason, then the next step is to prepare for trial.
The trial is a time-consuming legal process that calls for experience and knowledge. Your lawyer will be tasked to give you an honest review of your winning chances by presenting your case’s strengths and weaknesses.
During the trial, car accident victims, witnesses, and experts from both parties are called to testify. A jury will hear all the presented information, then give a verdict. If you and your lawyer win the case, you will be awarded a certain amount for compensation and damage recovery.
Filing a personal injury claim for a car accident in Denver is the beginning of a long, expensive, and often hard process. Because as a victim, you shouldn’t have to worry about anything other than your recovery, having the best Denver car accident attorney by your side should be a priority. With their combined knowledge, skill, and expertise, you’ll be sure to increase your chances of winning and, therefore, trust in their ability to fight for justice as your advocate.
