Filing a Personal Injury Lawsuit After an Auto Accident

by | Jul 8, 2015 | Lawyers

Car accident injuries can affect your entire body, but some injuries are more likely than others to bring about a lawsuit. Below is a list of those injuries and an explanation of the lawsuits that follow.

Spinal Cord Injuries
The spinal areas that are most often harmed in car crashes are the lumbar spine and the cervical spine. Injuries can range from minor sprains and strains to severe disc injuries requiring surgery.

Brain Injuries
Traumatic brain injuries are also known as closed head injuries, and they can range from mild concussions to life-threatening brain swelling. A brain injury can happen without any external physical evidence such as bruises and cuts.

Facial Injuries
Abrasions, bruises, cuts and fractures can result from flying objects and shattered glass; three people have even been killed by shrapnel from an exploding air bag. During these situations, severe injury to the temperomandibular joint and the teeth can occur.

Lawsuits After a Car Accident
When drivers can’t agree on who’s to blame for an accident, or there’s a dispute over the extent of one person’s injuries, a lawsuit usually follows. Complaints must be filed within the statute of limitations, and if not filed in time, Mcgillicuddylawny.com can’t seek damages in the future. After the complaint is filed, the defendant has a certain period in which to respond.

The Discovery Phase
Both sides in a personal injury lawsuit will conduct discovery proceedings, which consist of subpoenaed medical records and courtroom interrogation of witnesses. Written discovery is conducted through interrogatories, and oral discovery is handled during depositions.

Pretrial Conferencing
After the discovery phase, a conference occurs between both sides’ attorneys and the judge. During these pretrial conferences the goal is to achieve a settlement, and this happens in many cases. Pretrial conferencing is important in the settlement of a significant number of personal injury cases.

Trial
A trial can come in the form of a bench trial where all evidence is heard by the judge, who also issues a verdict. In some cases there’s a jury trial, where the jury hears evidence, issues a verdict and makes awards for damages. Most car accident cases culminate in jury trials, with personal injury lawsuit attorneys on both sides.

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