What Happens in an Auto Accident Lawsuit? Las Cruces Attorneys Can Help
If you’ve been hurt in a Las Cruces auto accident and are considering filing a car accident claim for injury, you may have questions concerning the process, possible damages, lawyer fees etc. If you’re wondering, “What happens in an auto accident lawsuit?” Las Cruces attorneys can help answer this question and more. Here at Carabin Shaw, our attorneys serving the Las Cruces area are here to explain the process so you’ll know what to expect with your case.
1. The Lawsuit is Filed by Your Attorney
The first step in the process is actually filing the lawsuit. Your lawyer will file a petition with the local court that explains the allegations that you (the plaintiff) are making against the other driver (the defendant). Your lawyer will also serve a complaint to the defendant.
2. Preliminary Motions
The preliminary motions are essentially a mini-trial conducted in the presence of the judge where your Las Cruces car accident attorney will discuss the details of your lawsuit. Sometimes, these motions can be detrimental to your case; for instance, the judge may make a motion to dismiss your case, meaning you can no longer move forward with the lawsuit.
3. Pre-Trial Litigation
If your Las Cruces car accident case advances past the preliminary motions, the judge will set a trial date. Another possibility is that the judge will ask you to enter mediation, meaning you and the other party will try to reach a settlement without going to trial. Here, the plaintiff and the defendant will both meet with a third-party mediator who will attempt to bring both sides to agreement. The mediator will also meet separately with each side’s attorneys.
When mediation is unsuccessful and no agreement is reached, then the discovery process begins. During this stage, attorneys will investigate the facts of your Las Cruces auto accident case, interview witnesses, examine documents, and take depositions. Both sides are required to share all information gathered during this phase with the other side.
5. Resolutions / Summary Judgment
If you and your attorney think that the evidence you’ve gathered during discovery supports your potential bid for compensation, you can bring forward a motion for summary judgment. If this motion is brought forward, the judge is able to decide the case without seeing witnesses or conducting an evidentiary hearing.
6. Receiving a Settlement
Many people don’t realize that settlements can be offered at any given point in the lawsuit process. Sometimes, accepting the settlement offer is your best option – your Las Cruces car accident attorney will be able to offer you guidance as to how you should proceed.
7. The Case Goes to Trial
If the case is unable to be settled, then it goes to trial. At trial, a jury will deliberate on the evidence presented and rule in favor of either the plaintiff or the defendant. Most cases, however, do not go to trial.Choosing the Right Auto Accident Attorney Las Cruces NM
If you’re ready to file a lawsuit in the aftermath of your Las Cruces auto accident, you’ll need to hire a qualified attorney in order to build the strongest possible case. Our experienced attorneys have a combined 200 years of legal experience and have recovered more than $500 million in damages for our clients. Our professional reputation is also unparalleled.
So call our Las Cruces office today for a free consultation at 915-779-2301 to find out what our experienced lawyers at Carabin Shaw can do for you. Let us help you get your life back on track.