What Happens in an Elizabethtown Car Accident Lawsuit?
In most automobile accident cases, the insurance company settles prior to the case going to trial. For most cases, an automobile accident lawsuit is never filed. However, when you are looking for an automobile accident attorney, you want to hire an attorney who is a high-trained, experienced litigator as well as an exceptional negotiator. Both skills are required in order to achieve the best possible results in an automobile accident case.
The attorneys at Musselwhite Meinhart & Staples, PSC are both strong litigators and skilled negotiators. As we investigate your automobile accident claim, we are preparing for filing an automobile accident lawsuit if necessary. We know that in some cases the insurance company will not deal with us in a fair and just manner; therefore, we must always be prepared to proceed to trial if necessary. Therefore, we proceed as if we will be filing an automobile accident lawsuit as we work to settle the claim.
Steps for Filing an Automobile Accident Lawsuit
If we are unable to settle an automobile accident claim for an amount that is just and fair, we advise clients to consider filing an automobile accident lawsuit. The process begins with filing a complaint setting forth the allegations against the person responsible for the accident. We do not sue the insurance company – we sue the party responsible for the accident even though the insurance company is the source of the compensation for your damages. The defendant, the party being sued, has a set amount of time to answer the complaint. In most cases, the insurance company will retain an attorney to do this on behalf of the at-fault party.
The automobile accident lawsuit will proceed through the discovery phase where both sides will have the opportunity to gather evidence and take depositions of witnesses and the parties involved in the lawsuit. We use this discovery period to gather additional evidence to prove the defendant’s liability for the accident as well as build a strong case for compensation. After the discovery phase, the case will be placed on the court’s trial docket. It could take several months before a trial is scheduled depending on the court’s calendar.
In some cases, the insurance company offers to settle the automobile accident lawsuit prior to the case going to trial. This happens because the insurance company realizes that we have a stronger case than it initially anticipated and does not want to risk a jury awarding a much larger amount at trial. Depending on the facts of the case and the amount of the settlement offer, we advise our client whether we believe going to trial or accepting the settlement is in the client’s best interest.
Of course, it is always the client’s decision whether to accept a settlement or proceed to trial. If we cannot settle the automobile accident lawsuit prior to trial, the case will proceed to a jury trial. The jury will hear the evidence and make a decision as to liability. If the jury agrees with us, the jury will award a specific amount of damages to be paid to the plaintiff.
If you or a loved one has been injured in an automobile accident, contact our office to discuss your legal options to receive compensation for your injuries from the negligent party who caused the accident.
Contact an Experienced Personal Injury Attorney
We’ve Helped Thousands of KY Families, we can help you!
The Personal Injury attorneys of Musselwhite Meinhart & Staples, PSC have over 50 years of combined legal experience. We represent clients in Hardin County (Radcliff and Elizabethtown, Vine Grove and all other Hardin County cities) and throughout central Kentucky from our offices in Radcliff and Elizabethtown and Louisville.
Contact us at our Radcliff and Elizabethtown Office in Hardin County at (270) 351-6032 or at 1-800-754-HELP to schedule a free consultation with one of our attorneys. You may also contact our office through our convenient online contact form.