Car accidents lawsuits are a common occurrence for many people who have been involved in a major automobile accident. First and foremost, it must be said that if at any time you feel your car accident claim may go to court, or that you need help in settlement negotiations, you will need to seek the assistance of a qualified personal injury attorney. These specific attorneys are the best kinds of professionals that can assist you with the legal process and file your civil complaint in a court of law.
Car accidents lawsuits fall into the category of civil litigation lawsuits. While car accidents are a common occurrence in the State of Oregon and across the country, many people are unfamiliar with the process of civil litigation when it comes to their car accident claim. Once you can understand the process of civil procedure, you can have more confidence in your ability to take your claim to court with the help of an attorney if it is ever required.
Defining Civil Litigation
Civil litigation is a legal dispute between two or more individuals that would seek to award monetary damages or require specific actions rather than to lay down any criminal punishments. An attorney who is highly experienced in civil litigation is typically known as a trial lawyer or a litigator. These attorneys usually represent individuals or entities in mediations, arbitrations, hearings and trials.
There are several types of civil litigation due to the fact that civil litigation encompasses a diverse array of legal disputes. When you speak with a civil litigator, you will want to ensure that they specialize in your particular claim type as most litigators tend to specialize in one or two specific practice areas. These practice areas may include environmental law, products liability, personal injury, medical practice, landlord/tenant disputes and many more. If you’ve been involved in a car accident, you will most likely want to retain the services of a personal injury lawyer.
The Civil Lawsuit Process
As a plaintiff in a car accident lawsuit, under civil law, you will be required to substantiate your claim. A personal injury attorney specializing in car accident lawsuits will be able to help you in this task through the use of expert witness testimony and methodological techniques for gathering documentation and evidence.
To start the civil suit after your car accident, you will need to first file a complaint with the court. This complaint will need to detail all required information that would justify the suit. As soon as the court accepts the complaint, the court will issue a summons to the defendant/s. They will be required to file a response within 30 days. The next phase of the civil suit will be the discovery phase, in which the parties will exchange documentation and information. In the end, the goal will be to obtain a settlement that is obtained either through the determination of the court, or through settlement negotiations which may begin at any time during the process.
Car accident lawsuits can be very complicated, and it takes more than just a simple explanation to really understand the process. In order to get the assistance you need, contact a car accident lawyer today.