If you are injured in an auto accident, you have legal rights. If someone caused your crash to occur, you should be able to pursue a civil lawsuit to recover monetary damages. However, you’ll need to understand the process of filing your lawsuit if you want to ensure you get the money you need and deserve.
Berry Law can help with this process, working with you from day one to complete the steps involved in suing to recover full and fair compensation. Give us a call to connect with an experienced Omaha car accident lawyer to learn more.
Steps Involved in Filing a Car Accident Lawsuit
Filing a car accident lawsuit involves taking many different steps. Here’s what you can expect if you want to sue another driver for causing you harm:
- Identify the defendants. You’ll need to decide who to sue. This could include the driver who caused you harm, but it could also include others, too. For example, you may be able to sue the employer of the at-fault driver if the crash happened while they were performing work tasks. Or if a problem with your car caused the injuries in the crash to be worse, you could also make a claim against the car manufacturer.
- Draft a complaint. This is a formal legal document that explains who you are pursuing a claim against, what legal arguments you have to justify your claim, and what remedy you want the court to provide.
- File your complaint with the court. The complaint has to be filed in an appropriate court with jurisdiction or authority to rule over the claim. Filing the complaint with the court officially gets your lawsuit underway.
- Serve the defendant. The defendant has to be served with court papers, which is how the defendant is officially notified that you are suing.
At this point, the defendant responds, and the case proceeds into discovery, where information is exchanged. You’ll work to build your claim, and the defendant will try to build a defense. Your case will then proceed to trial.
You May Not Necessarily Need a Trial to Get Car Accident Compensation
Some car accident claims are resolved in court, but many are not. In fact, a substantial portion of auto accident cases are resolved through an out-of-court settlement. That means the parties agree, outside of court, on an appropriate amount of compensation for the defendant to pay the victims. The plaintiffs, or crash victims, then give up any future right to sue.
Cases frequently settle because it is easier, faster, and cheaper to resolve claims this way. However, you don’t want to accept a settlement offer unless you are confident that it fully compensates you for your losses.
How an Omaha Car Accident Lawyer Can Help
Whether you want to settle your case or go to court, you should be represented by an Omaha car accident lawyer who can assist you with the process.
Berry Law has extensive experience negotiating settlements, and we can maximize the chances you’ll be given a fair offer and get the compensation you need and deserve without the stress of going through the civil litigation process.
If necessary, though, our firm does have extensive litigation experience. We have filed many lawsuits, and we can file yours, gather evidence, and present the strongest possible claim in court.
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Getting Help from an Omaha Car Accident Lawyer
If you were in an accident and are thinking about filing a car accident lawsuit, reach out to an experienced Omaha personal injury attorney at Berry Law today.
Our firm will help you understand the legal process of getting compensation and will be your advocate every step of the way. Schedule your free consultation today to learn how an Omaha car accident lawyer can help you get the justice you deserve.
