Car Accident Litigation
Last updated Sunday, March 6th, 2022
Nampa car accident litigation can be a long, difficult process.
But, a dedicated car accident lawyer from Skaug Law can guide you through the process.
The Litigation Process
Litigation, a lawsuit, begins by filing a complaint.
The defense, the insurance company, has a specific number of days by which they must formally answer the complaint with the court.
After that, discovery takes place between the parties.
During this time, each party must answer the written questions of the other.
Usually, the next step is depositions, which are sworn testimony that should take place in attorney offices.
The drivers are usually the first ones to be deposed.
This is an injured person’s opportunity to get the truth out to the attorneys.
A good personal injury attorney will prepare the injured party for the deposition and will be by their client’s side during questioning.
After all the discovery is complete, the Skaug Law attorney begins trial preparation.
Car Accident Trials in Nampa
Car accident trials in the Nampa, Idaho area can be bench trials, but they are almost always jury trials.
Both parties have the right to a jury trial.
When it comes to damages, lawyers prefer to have the juries making decisions for their clients rather than judges.
At trial, each attorney is allowed to give an opening statement to the jury.
The plaintiff then presents their case first because they have the burden of proof to show they were injured and the other party was at fault for the accident.
After they present their cases, each attorney is allowed to present closing statements.
First, the plaintiff’s attorney and then the defense attorney.
The plaintiff’s attorney is allowed to give a final rebuttal statement to the defendant’s closing because the plaintiff has the burden of proof to show the damages and the injuries were caused by the defendant.
What Happens if There Are Multiple Defendants?
If there are multiple defendants being sued by the plaintiff in an auto accident case, there will be attorneys representing each defendant.
It makes the trial a bit more complex because there is a room full of lawyers and they all get to take a turn, asking questions and making opening and closing statements.
The order in which a case is presented does not change in any significant way by having multiple defendants in a case.
But, having multiple defendants in a trial can change the outcome because each defendant may be assigned a percentage of the cause for the damages or the cause of an accident.
The percentage of damages determines how much of the full compensation award they will have to pay the plaintiff.
An experienced attorney knows how to navigate almost any difficulty during the trial, from opening statements through to when the jury leaves the courtroom to determine their verdict.
A car accident attorney will present their closing arguments to the jury, making the best case possible for the plaintiff against each defendant.
The plaintiff’s lawyer will then allow the jury to decide which defendant is most at fault.
The Length of Litigation
The length of the case from the time a complaint is filed to get to the jury date or the trial date is influenced by the complexity of the case.
Cases take longer when lifelong injuries are involved, or when a plaintiff has lost their livelihood as a result of their injuries.
It can also take more time to resolve a case with multiple defendants or if the courts are overbooked.
From the time an individual files a complaint with the court or a lawsuit, it usually takes about one year to get to trial.
If the plaintiff is patient, they will usually obtain a better settlement prior to trial.
Some of the most important elements in a car accident jury trial are how the accident happened, what the police have to say about the accident, and what the damages are.
Other considerations include how much are the medical bills are, whether the person is permanently injured, and what the doctors say.
Often, the defense will hire a doctor to say the victim’s injuries are not from the auto accident.
The plaintiff must rely on their own doctors or medical expert witness to fight the defense attorney’s doctor.
Get Help with Nampa Car Accident Litigation
Nampa car accident lawyers at Skaug Law want injury victims to know they may win more compensation money by working with a lawyer.
We can help you get fair and full compensation for your injuries.
To learn how we can help in Nampa car accident litigation, call today for a free consultation.