After a motorcycle accident in Atlanta, the aftermath can be devastating. Seeking compensation and justice may seem daunting, particularly if the crash has resulted in substantial emotional, physical, and financial harm. But as a victim, you should understand every step involved in motorcycle accident lawsuits. This can help you manage the process well and navigate it with the utmost confidence. A Motorcycle lawyer in Atlanta can educate you about this process and guide you through the different stages of a lawsuit. A motorcycle accident lawsuit involves the following stages:
Legal Consultation and Case Evaluation
To pursue a motorcycle accident lawsuit, you must consult with an experienced lawyer first. The initial consultation will be your case’s foundation, letting you discuss important details of the crash including the injuries you have suffered and their effects on your life. During such consultation, the lawyer will assess your case’s viability and discuss your legal options with you. Also, they will evaluate your claim’s possible value, considering factors like medical expenses, pain and suffering, and property damage. When giving related information, do so with full honesty and thoroughness. This way, your lawyer can build a solid case for you.
Complaint Filing
A formal complaint should be filed with the appropriate court. This complaint must spell out your claim’s legal basis, including the accusations against the at-fault party and the damages you want to recover. Once filed, the complaint should be served to the other party. Then, the other party will be given time to respond to the complaint by admitting to the accusations or denying them.
Discovery Phase
This stage of a motorcycle accident lawsuit lets both parties collect evidence and build their respective cases. During such stage, your lawyer will request information from the other party through different ways such as written interrogatories, depositions, and requests for document production. Also, the lawyer of the defendant will carry out discovery to collect evidence that supports their defense. The discovery phase will let the parties involved disclose major facts, identify witnesses, and secure important documents like medical records, opinions, and accident reports. Such information will play an important role in your case’s outcome.
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Pre-trial Motions and Claim Settlement Negotiations
Pre-trial motions may be filed by both parties to resolve some legal issues before the start of the trial. Such motions may include requests to exclude certain evidence, dismiss the case, or get summary judgment. The court will rule on such motions depending on the evidence and arguments that both sides present. In a lot of cases, the parties will negotiate a settlement to try to resolve the case without going to trial.
Both parties can negotiate a settlement at any stage of the process; however, negotiations usually become more serious when the trial date gets closer. Your lawyer will assess any settlement offers made by the other party to determine if they are fair. If you and the other party agree to a settlement, your case is resolved.
Trial Preparation and Proceedings
If both parties do not agree to settle the case, trial will ensue. Preparing for trial is challenging and time-consuming as it involves organizing available evidence, preparing witnesses, and building a strong legal strategy. Your lawyer will present your case persuasively. During the trial, every party can present their arguments and evidence to a jury or judge. Typically, the trial starts with opening statements from each party, followed by evidence presentation. The trial ends with closing arguments from both parties that summarize the major points.
Verdict and Post-Trial Motions
The jury or judge will deliberate and make a verdict, which determines whether the other party is liable for the damages you want to recover. If so, the judge or jury will award a compensation amount. Both parties can file post-trial motions like a motion to change the judgment or a motion for a new trial. Such motions can change the case’s outcome or result in a new trial.
