If the insurance company of the at-fault party is unwilling to make a reasonable offer for your accident-related expenses, you may need to file a lawsuit to protect your rights to compensation. An Ohio auto accident lawyer at Nurenberg Paris will usually try to settle your case out of court, but if the at-fault party refuses to offer a fair settlement, we won’t hesitate to file a lawsuit on your behalf.
Nurenberg, Paris, Heller & McCarthy has been helping injured victims for more than 85 years. In those years of experience, we’ve built the resources necessary to defend your rights, and we’ll spare no expense to get you the compensation you’re owed.
Making the Decision to File
Before taking legal action on your claim, our car accident lawyers will evaluate a number of factors, including the:
- costs of filing a lawsuit,
- expected time necessary to complete the lawsuit,
- strengths and weaknesses of your case,
- likely range of verdicts from the jury,
- risks that you may receive less from a jury award than the current offer,
- and available insurance coverage for the at-fault driver.
Steps in a Lawsuit
If we think it’s in your best interests to file a lawsuit, we will proceed on your behalf. There are distinct steps involved in the process of filing a lawsuit. These steps follow this order:
1. File a Complaint
Your auto accident attorney will file a complaint—or statement of the claim against the other party—in court. The complaint serves to notify the other party of the lawsuit, which is known as a summons.
Once the other party—or defendant—receives the summons, he or she has a limited amount of time to respond to—or answer—your complaint. The response is the defendant’s opportunity to defend your claim against him or her.
Once the response has been issued by the defendant, both parties have the opportunity to gather more information about the case. This process is known as the discovery phase. During the discovery phase, the lawyers will have the opportunity to issue written questions—or interrogatories—request documents known as a requests for production, and to schedule oral testimonies—or depositions to witnesses.
4. Independent Medical Examination
If you have a permanent or functional injury, the insurance company has the right to request the court to order that you be examined by a doctor of its choice in order to verify the injury you claim was caused in the accident.
5. Mediation or Arbitration
This is a negotiating tool used to help resolve your case prior to trial. A mediation is a meeting of the attorneys from both sides, which includes the plaintiff and defendant. The facts of the case are presented to a neutral person who serves as a mediator. A mediation is a non-binding meeting. While an arbitration is similar to a mediation, it can be set up as a binding agreement.
On the court date issued, you, your attorney, and any witnesses you have will meet with the defendant, his or her attorney, and any witnesses before the judge assigned to your case. After hearing testimonies from both sides and questioning witnesses, the judge or jury will consider the evidence presented from both parties.
Depending on the type of trial you had, either the jury (jury trial) or judge (bench trial) will issue a decision—or judgment—on your case. Regardless of what kind of trial you had, the judge will deliver the final decision on your case.
The trial lawyers at Nurenberg Paris are familiar with the laws and policies of the courtroom, and we have years of jury and bench trial experience. Our Ohio auto accident attorneys have the state-of-the-art techniques for presenting the facts of your case in the most effective way possible.
It’s our job to help clients like you. Call us today at (888) 900-6075 or complete a free initial consultation form.