If you were injured in a car accident, you might be wondering about the process of filing an auto accident lawsuit in San Antonio. In most cases, filing a lawsuit isn’t necessary. But, if you have to file a lawsuit, it’s important to know the legal process involved, which requires filing a written complaint that is recorded in the county courthouse. Here is more information on this process.
Preliminary Steps
Most car accident claims end in an insurance settlement and don’t require filing a lawsuit. Before filing a lawsuit, you can hire a San Antonio personal injury attorney who will take the following steps:
- Investigating the accident
- Gathering evidence
- Filing an insurance claim on your behalf
- Preparing a demand letter
- Negotiating for fair compensation
If your lawyer can reach a fair settlement, the need to file a formal legal complaint is erased.
Filing a Legal Complaint
If your car accident lawyer is unable to obtain a settlement, they can prepare a formal complaint, which provides relevant information, such as:
- The identity of the defendant and the reasons why the defendant was responsible for the accident
- The circumstances surrounding the accident
- The type and value of the damages that you suffered
- A request for the judge to find the defendant liable and order them to pay you compensation
To have a well-prepared complaint, you should work with an experienced car accident attorney who has tried cases before and knows how to write persuasive legal documents.
Defendant’s Response
After the defendant is legally served with the complaint, they have the opportunity to submit an answer. Their answer will likely deny your allegations and their liability in the accident. They add more facts to the case, or they might even blame you for the accident and counter-sue. Your attorney can review the defendant’s answer and explain their legal position.
Next Steps
After the defendant files their answer, the case proceeds to litigation. The defendant’s response provides a glimpse into the defenses that the defendant may plan to use, but personal injury lawyers can learn more about the case and prepare for trial through the discovery process. This is the formal process of exchanging information, documents, and evidence as part of the litigation process. Additionally, the lawyers involved in the case may file pre-trial motions to improve their position. Experienced attorneys can help guide you through every step of the legal process.
Contact an Experienced Car Accident Lawyer for Help with Your Car Accident Case
Whether your case ultimately ends with a settlement or a trial, you need an experienced San Antonio distracted driving accident attorney who will fight for your full and fair compensation. At George Salinas Injury Lawyers, we are not afraid to file a lawsuit when that is determined to be in our clients’ best interests. Call us today for a free consultation to discuss your legal rights and options.