After meeting with you and investigating your case, your attorney might advise you that your best option for recovery might be filing a lawsuit. A lawsuit is also referred to as a complaint. The lawsuit will state the facts surrounding your injury, the specific claims against the defendants, and the amount of compensation you are seeking.
What will happen first in the event of a lawsuit is that the opposing party will be served the court documents you filed. Usually the sheriff will serve the lawsuit on the defendants for a fee. In Virginia you have one year from the date of filing the lawsuit to serve the lawsuit on the defendants.
Next is the discovery process, in which the opposing parties obtain further evidence from one another. By law one party must provide relevant discovery documents to the other party upon request, unless this information was prepared in advance of trial, in which case this is protected from disclosure.
Sometimes your attorney might advise you to consider bringing your case before a mediator, which can happen before or after a lawsuit is filed in an effort to avoid trial. Mediation is simply an informal proceeding in which the parties attempt to reach an agreement in the case. In Virginia, mediation is optional, but in some states it is required before the case is taken to trial.
If the matter has not been settled or resolved by the court via motion, the next phase of a case is trial. In this process, either a judge or a jury will evaluate the facts, determine fault and possibly award damages.
Depending on the specific issues in the case, the losing party may appeal a case. In this circumstance sometimes the attorney and client may part ways; a person may elect to seek other counsel, or the attorney may not want to take the appeal. Typically, unless stated, an attorney’s representation of you ends upon completion of the trial.
If you have been injured in a car accident, or your loved one was killed by a negligent or reckless driver, Kalfus & Nachman can help. Our compassionate legal team can discuss your options and build your case. Every step of the way, we will answer your questions and aggressively uphold your right to a financial settlement. Drivers have a responsibility to obey traffic rules and to drive without distractions. This involves not using a smartphone. With the data showing increasing fatalities from cell phone use, it is important to seek representation as soon as possible after an accident to pursue justice from those responsible. Contact us today to schedule a free consultation.