If you've been injured in a car crash caused by another driver, you may be entitled to file a lawsuit to recover compensation for your damages. Learn about the different stages in the lawsuit process.
1. Stages of a
Car Crash
Lawsuit
https://www.bridgeportpersonalinjury.com/
2. Do I Have a Case?
First, you'll need to determine whether
you have a valid case. If you weren't
injured and only sustained damage to
your vehicle, you can most likely work
directly with the insurance company to
recoup the cost of repairs. However, if
you were injured in the crash, your
claim will be much more complicated.
In this situation, you should speak with
an experienced lawyer to determine
whether you are eligible to file a lawsuit
to recover compensation for your
damages.
The best way to find out if you have a
case is to schedule a free consultation
with Jim Miron.
3. Filing Your Lawsuit
Before filing a lawsuit, Jim will try to
negotiate a settlement with the insurance
company. If he determines a settlement isn't
in your best interest, he'll file a lawsuit on
your behalf. This process involves filing a
complaint with the local court. The
complaint will state the reasons why you're
entitled to recover compensation from the
negligent driver. In some instances, the
complaint may also include a discussion of
the legal theory that will be used to prove
your case.
In Connecticut, you have two years from the
date of the crash to file a lawsuit. After this
deadline, you will no longer be able to seek
compensation in court.
4. Defendant Responds
to Your Claim
After you file your lawsuit, the negligent
driver must respond to your claim. Some
of the items which may be covered in
this response include:
An answer to the claim, where the
other driver either admits fault or
denies the charges in your complaint
Counterclaims alleging that your
actions were at least partially
responsible for the crash and the
injuries you sustained
Cross-claims alleging that a third
party's negligent actions caused the
crash and your injuries
If the other driver makes any counterclaims, you'll have an opportunity to respond to them.
5. Preliminary Motions
Motion for a
Change of
Venue
This attempts to
have your case
tried in a
different
courthouse.
Motion for a
Change of
Judge
This attempts to
move your case
to a new
courtroom with
a different
judge.
Motion for
Removal
This attempts to
move your case
from state court to
federal court. In
order to succeed,
this motion must
demonstrate that
your case
involves federal
law or that the
defendant lives in
another state.
Motion to
Dismiss
The facts of the
case don't need to
be disputed in
order for your
case to be
dismissed. The
motion can claim
deadlines were
missed or no
compensation is
warranted.
During this stage of the process, the defendant is given an opportunity to
file one or more preliminary motions which can have a significant impact
on your case.
6. After the judge makes a ruling on
the preliminary motions filed, the
trial date will be set. Often, a pre-
trial mediation session will be
scheduled prior to the start of the
trial to see if the case can be
resolved without litigation.
During mediation, a neutral third
party will work with the legal
teams for both parties in an
attempt to reach a settlment that is
fair for everyone involved. If
mediation doesn't produce a
settlement agreement, you'll begin
preparing for trial.
Pre-Trial Mediation
7. Discovery
Before the trial, there is a discovery
process where both legal teams
investigate the facts associated with the
lawsuit. This can involve examining
documents, reviewing medical records,
investigating the crash scene and
interviewing witnesses.
Both legal teams must share the
information they gather during discovery
with the other side. Witnesses are
interviewed in a deposition where both
legal teams have an opportunity to ask
questions. Witness responses are made
under oath. All discovery documents and
depositions can be used as evidence
during the trial.
8. If the discovery evidence clearly
shows you are entitled to
compensation, you may file a motion
for summary judgment. This motion
will allow the judge to rule on the
case without holding a trial.
A motion for summary judgment
must include all relevant evidence
and any legal theories which support
your claim. If the judge finds the
evidence indisputable, the motion
will be granted. If a trial is necessary
to resolve facts in dispute, the motion
will be denied.
Post-Discovery
Resolutions
9. Trial
If there has been no settlement or resolution
to the case at this point, it will proceed to
trial. There are two different types of trials:
Bench Trial - The judge decides your
case.
Jury Trial - The judge rules on
applicable laws, but a jury evaluates the
facts in order to determine whether you
are entitled to receive compensation.
In most instances, car crash cases settle
before trial. It's important to understand that
there are no guarantees in a trial, and there
is always an inherent risk in pursuing
compensation in court.
10. Contact Us
Address
10 Middle Street
Park City Plaza, 15th Floor
Bridgeport, CT 06604
Phone
(203) 339-5991
Website
www.bridgeportpersonalinjury.com
Jim Miron is a seasoned litigator with
extensive experience handling car crash
trials. While he will always strive to settle
your case whenever possible, this
experience will give you the best chances
of a successful outcome in the event your
case goes to trial.