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August 31 - Newsblog #1
Your Injury Attorneys in the News: Homeowner and Wife Sue Over Police Shooting
September 7 - Newsblog #2
Your Injury Attorneys in the News: Homeowner’s Possession of Handgun Legal Under 2nd Amendment
September 14 - Newsblog #3
Your Injury Attorneys in the News: if a Government or Government Agency is at Fault, you can Sue
September 21 - Newsblog #4
Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
September 28 - Newsblog #5
Your Injury Attorneys in the News: A Clear Line from the Action — Or Inaction – To the Injury
October 12 - Newsblog #6
Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop Into a Travesty
October 19 - Newsblog #7
Your Injury Attorneys in the News: Police who Abuse Power Must be Held Accountable, law Professor States
October 26 - Newsblog #8
Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
November 2 - Newsblog #9
Your Injury Attorneys in the News: Brown vs. Impd Case About Much More Than Punishment or Money
November 9 - Newsblog #10
Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
November 16 - Newsblog #11
Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
November 23 - Newsblog #12
Your Injury Attorneys in the News: Malpractice led to Injury Instead of Hoped-for Healing
November 30 - Newsblog #13
Your Injury Attorneys in the News: Truths About Medical Malpractice
December 7 - Newsblog #14
Your Injury Attorneys in the News: yes, you can sue City Hall
December 14 - Newsblog #15
Your Injury Attorneys in the News: Slip and Fall Changes two Lives Forever

CAR ACCIDENT LAWSUITS PROCEED IN AS MANY AS SEVEN STAGES

two cars and a gavel

 

“If you’ve been in a car accident, injuries and damages to your car may have you thinking about whether you should sue the other driver…. If you are convinced you should, then you ought to learn about the sometimes long path you are about to tread,” warns attorneys.com. Auto accident lawsuits are civil lawsuits or tort cases, and they can go through as many as seven different stages:

  1. Filing

    You file a complaint, or petition, with the local court. (In Indiana, you’re required to file within two years of the date of the injury.)

  2. Response

    There will be a response to your claim, in which the defendant either admits or denies the allegations.The response may make counterclaims, showing how you – or even a third party – contributed to the accident. You will have a set period to respond to any counterclaims.

  3. Preliminary motions

    The other party may ask for a change of venue (moving the case to a different courthouse), a change of judge, moving the case from state court to federal court (if the defendant is from a different state or some federal law is involved). The other party may even make a motion to dismiss the case, arguing that the lawsuit was not brought in a timely manner.

  4. Pre-trial practice

    The judge sets a date for trial (this may be as long as a year or more into the future), or might order you into mediation (you and your car accident attorney meet with the defendant and his or her lawyers for talks moderated by a neutral third party).

  5. Discovery

    Personal injury attorneys for both sides investigate the facts, examining documents  and  interviewing witnesses. The interviewees swear to tell the truth, and their answers are recorded by a stenographer. The documents produced in these “interrogatories” will be used at trial.

  6. Post-discovery resolutions

    If it appears that the evidence gathered strongly supports your case, you can bring a motion for summary judgment, asking the judge to decide the case without seeing live witnesses or conducting a hearing. The judge may grant the motion (agreeing there is no dispute over the facts of the case) or deny the motion, saying a trial is needed.

  7. Trial

    Your case may be decided at a bench trial (only a judge decides) or a jury trial (in which the judge decides which laws apply), but the jury makes the final decision.

As a personal injury attorney dealing in auto accident cases for more than forty years, I can tell you that few auto accident injury cases make it all the way to trial.  At any point along the way, the defense may offer to settle the case.  If you make the decision to accept the settlement agreement, the court is notified that the case has been resolved. Ramey & Hailey works extensively on accidents resulting in catastrophic or permanent loss involving driver and equipment error.

There may be as many as seven different stages to the process, but when insurance isn’t enough to compensate for your loss, our attorneys are there to see you get the recovery you deserve.

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