The Law Offices of Chaikin and Sherman, P.C.
Toll Free - 800.229.8384
Phone - 202.659.8600
Fax - 202.659.8680
Phases of a Truck Accident Lawsuit
Virginia, Maryland, & Washington, D.C.
Cases involving truck accidents can often be complicated and may take a long time to complete. In general, they all follow a similar format. However, the specifics of your case will dictate how long each part of the process will take.
Preparing a Truck Accident Lawsuit
In preparing for the lawsuit, your lawyer will:
- Interview you
- Review the accident report and other available information to learn the specifics of the incident
- Conduct additional investigations to find out as much information as possible about the accident
- Determine the appropriate party or parties to be sued
- Consult potential expert witnesses
- Determine an appropriate general damage figure for the injuries you sustained
Filing the Truck Accident Lawsuit
Your truck accident lawyer will file a complaint stating the charges you are bringing against the defendant. Your complaint must clearly state the facts of the incident and why you have been harmed. The defendant will then receive a summons serving him with the complaint that has been filed. The summons will explain all relevant details of the truck accident lawsuit to the defendant:
- Who is suing
- In what court
- The date a reply is required
The defendant must reply to the complaint within a specified amount of time, usually a few weeks. The defendant's truck accident attorney will admit or deny each factual charge about the accident. The defendant's attorney may also make a counterclaim against you or a claim against a third party in an attempt to shift liability to someone else.
Sometimes, the defendant's attorney will file a motion to dismiss the charges. These motions are usually based on a technicality of law or an argument that the claim lacks validity.
If the defendant fails to respond to your complaint or file an appropriate motion within the specified time period, you may be granted a default judgment against the defendant.
Discovery of Evidence
This is the most time-consuming part of the lawsuit. During the discovery phase, both attorneys will:
- Gather evidence pertaining to the truck accident
- Provide this evidence to the opposing truck accident attorney
- Review the evidence to construct a strong argument against the opposition
The evidence gathered will include:
- Witness statements
- Written and electronic documents
- Physical evidence
During discovery, you may be required to complete interrogatories, where you are asked a series of questions by the defendant's attorney. The questions will deal with details of the accident as well as specifics of your injuries and damages. Depositions may be taken from both parties in the lawsuit and from witnesses who can provide additional information about the facts of the case.
Settlement Conferences
Most truck accident cases are settled before they make it to trial. It is frequently in the best interests of both parties to reach a settlement. Both sides will save a great deal of time and money (in court fees) by avoiding a trial.
The Truck Accident Trial
If both sides are unable to agree on a settlement, the case will go to trial. At the trial, both attorneys will start by presenting opening statements which explain what they are attempting to prove and why the evidence supports a judgment in their favor. Each attorney will then call witnesses and present evidence in support of their claim. Each witness may be cross-examined by the opposing attorney in an attempt to refute the testimony or discredit the witness. After all the evidence has been presented, each truck accident lawyer will present a closing argument explaining why the facts presented in the case dictate that his side should prevail.
If you have been injured in a truck accident, please contact the Washington, D.C. truck accident attorneys at Chaikin, Sherman, Cammarata & Siegel, P.C. today to schedule a free consultation. We have offices in Maryland, Washington D.C., and Virginia.
