I still remember my accident like it was yesterday. One minute I was driving my daughter to school and the next I was waking up in a hospital bed. It was frustrating to deal with the emotional trauma of forgetting an entire week of my life, in addition to stressing about my small child. Fortunately, we were both able to recover, but it wasn't easy walking dealing with the medical bills that accompanied the accident. I found myself struggling with things as simple as answering the phone, because I was nervous about dealing with another insurance adjuster. Fortunately, by working with a lawyer, I was able to make sense of my situation. I know that you can overcome difficult challenges too, which is why I shared my story on this website.
Working Through Emotional Trauma
Discover Answers Before Your Personal Injury Trial
Debra Hawkins
If you've been injured by a car accident, the careless driver probably owes you money. Personal injury compensation might be coming your way, even if you must take the other driver to court to be paid. Read on to find out what happens right after the other side finds out about your lawsuit.
Filing a Lawsuit Against the Other Driver
It's best to try and settle your car accident case outside of court, but that does not always happen. Fortunately, civil law can be used to take the other driver to court and have them ordered to pay you what you deserve. When cases are filed, a multi-step process gets underway, and preparing for trial is an important part of that process. The very first action your lawyer takes is to file the lawsuit, also known as a complaint.
What Is the Complaint?
The complaint lets the other side know that you are suing and why. It explains how certain events transpired on the day of the accident and going forward from that day. The complaint addresses fault and your losses. It details how you've been negatively affected by the wreck, and it makes several allegations. Finally, the amount of money you are asking to be paid is stated.
The Other Side Answers Back
In most cases, you are dealing not with the other driver but with the legal representatives for their insurance carrier. The other side has a certain amount of time before they must reply back with what are known as answers. For each and every point you make in your lawsuit/complaint, the other side has to address it with an answer. They can address your points by:
- Denying the allegation.
- Admitting to the allegation.
- Stating that more information is needed before responding to a given allegation.
When all is said and done, the complaint sets out what the two sides disagree about and sets up the issues to be proved – or disproved – in court.
The Other Side Issues Their Own Allegations
The other side will respond to denials with not just an answer, but with allegations of their own to counter each assertion they disagree with. For example, if fault is in dispute, the other side will answer with a statement that you, the plaintiff, was at fault for the wreck. If your injuries are in dispute, they might answer with an allegation that you failed to seek medical attention in a timely manner after the wreck. This might mean that your injuries were not related to the accident or that your injuries were made worse by your failure to mitigate and seek help sooner.
Speak to a personal injury law office like Snyder & Wenner, P.C. to find out more about filing your own lawsuit.
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