Individuals often have the ability to sue after they suffer injuries due to an auto accident. However, there are a few steps that injured motorists must take before they can file suit over a car collision. Residents of Illinois and other states should know the steps of filing suit after a car crash.
Hire an attorney
The first thing that injured motorists should do to pursue a claim after a car accident is hire an attorney. An experienced auto accidents lawyer should know all of the paperwork that needs to be filed in order to pursue a claim in litigation. Moreover, an auto accidents attorney may help negotiate a settlement on more favorable terms than an accident victim may achieve on their own.
Settling before litigation
Attorneys and clients often try to settle claims before filing litigation. This usually involves sending a letter to a defendant and sometimes notifying their insurance company of a claim. If a defendant does not respond after a few attempts to settle a claim, then attorneys and clients may consider filing a lawsuit.
Attorneys need to complete and file certain documents in order to initiate litigation. The main documents are a summons that commands a defendant to answer the lawsuit and a complaint that details the allegations of the injured motorist against a defendant. Litigants may include evidence to prove their case, and a client may need to sign the pleadings to verify that the facts in the papers are accurate.
A client needs to be involved in every stage of an auto accident lawsuit. For instance, a client may need to sit for a deposition, answer questions under oath and provide information or documents relevant to the case. However, their attorney may be able to handle the bulk of the paperwork and other aspects of the lawsuit. An experienced personal injury lawyer may help ensure that a client is inconvenienced as little as possible during litigation.