A car accident is not only traumatic but also leaves its victim paying up medical bills and damages. When a car accident victim seeks justice, one sure way is to involve the court through a lawyer like Truck Accident Attorney Houston.
Beyond that, car accident dialogue gets settled with the insurance company, but a lawsuit may be filed in a case where the defendant denies responsibility.
The length of a lawsuit depends on some factors and largely on the legal process of dealing with a case. Certain legal processes can elongate the compensation process. I’ve listed out some of these processes.
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Car Accident Lawsuit Process
- The plaintiff files a complaint against the defendant.
This process doesn’t take long to achieve. The only factor that delays is getting real facts to prepare the complaint.
If that is done in a couple of weeks, the plaintiff will have to serve the complaint to the defendant. In a case where the defendant is not trackable, it delays the more.
To this, the plaintiff will have to request an extension from the court.
- The defendant answers the complaint.
The defendant has served the complaint, and can reply, which may stay up to a month or more. The defendant can also bring up counterpoints in defense which the plaintiff will reply.
- Discovery takes place.
After the two sides have given their claims, discovery takes place. Certain information will be retrieved from the accident scene, cameras, police report, and the plaintiff and defendant.
This may take a couple of months, depending on their cooperation.
- The case settles.
This may not be true of all accident cases, but after discovery, the case gets settled before trial. Anything otherwise only occurs when either of the two parties brings up counterclaims.
Most cases settle within a few months or years after the lawsuit commences.
- Trial occurs
This only takes a day or two to complete. This process involves the presence of eyewitnesses, pictorial evidence, and medical reports, if any, from the plaintiff.
The defendant gets an opportunity to refute the plaintiff’s claims if need be.
- An appeal is served
This will only happen if one side of the parties does not agree to the trial result. Despite having several levels of appeal, a single appeal can take six months to a year to resolve.
Sometimes, the defendant uses the appeal to settle a case. They may wish to extend the appeal to push the plaintiff into accepting a settlement amount lesser than the actual damage.
How Long Does An Auto Car Accident Lawsuit Take?
Aside from the processes listed above, some other hidden processes and challenges may usually occur before trial.
That said, an auto car accident lawsuit can take up to a year to resolve. One thing to note is that a lawsuit most likely gets settled before trial.
Why Is My Car Accident Lawsuit Taking Long?
This may be so for some reasons. First, if your case is mainly about getting monetary compensation, it may not take long to resolve.
On the other hand, if it goes beyond the financial compensation, there is a probability that the case may be dragged longer.
Also, some defendants may wish to drag the case when they discover they have a losing case. This attitude will extend the time frame of getting a settlement.
Conclusion
The best wish is to resolve a lawsuit before trial. This will help avoid unnecessary expenditure from both parties.
Beyond that, it is wise to get a car accident lawyer who is knowledgeable about the case. This help hastens the process of getting a settlement even before trial.
