When a person is injured in a car accident due to the negligent and careless actions of another, they are often left with severe injuries and damages. If a person does not resolve the dispute as an insurance claim, then the injured person has the right to file a civil lawsuit against the business or person who caused their injuries. Drew Palcsik at Champlain Valley Law can advocate on your behalf and help you get the compensation you need. Reach out to an experienced car accident attorney like Drew to learn about the Burlington car accident trial process.
How Does the Litigation Proceed in a Car Accident Case?
The Burlington car accident trial process begins with the filing of a complaint in the Superior Court and with service of process, where a sheriff or constable hand delivers a copy of the court papers to the person or business who you are suing.
The next thing that happens is that the court will schedule a conference and set out a schedule for things to be completed over the course, typically, of a year, although those dates will often change due to the specifics of the case. They are generally expected to schedule a trial date sometime between 12 and 18 months out from the time the case is filed.
Depending on how complicated the injuries are, how many expert witnesses are involved, and how many issues are in dispute, the case length can change. Typically, the more serious the case, the more serious the injuries, the higher the damages, and the harder the defense will fight.
To prepare for the car accident trial, lawyers will collect and review paperwork, and the injured person will answer questions both in writing and under oath in a deposition. You may be asked to undergo a medical legal exam by the defense. You will spend an increasing amount of time working with your legal team to prepare as the case gets closer to trial.
Elements of a Car Accident Case That Litigators Focus On
There are a few essential elements of a Burlington car accident case that Drew will focus on including:
- What is the duty of care owed by the wrongdoer to the injured person?
- What are the facts that demonstrate that this person or business breached their duty of care?
- The damages and physical harm
To establish negligence, a car accident attorney like Drew will focus on establishing a causal connection between the negligent or careless act and your injuries.
Schedule a Consultation with a Car Accident Attorney At Champlain Valley Law
After a car accident, it is important to know that the courts are a slow-moving process. It can take a long time to get a claim resolved, particularly if you do not call a car accident lawyer right after the crash. It can take as many as three to five years to resolve.
Drew Palcsik at Champlain Valley Law will help make this process a little easier. His job is to learn about you, learn about your life before the injury, and to learn about your life after the injury so that he can completely and honestly tell your story in a courtroom. Reach out today to learn more about the Burlington car accident trial process and how Drew can help.