Omaha Car Accident Trials
Most of the time, car collision claims are resolved before going to court, but occasionally, negotiations for the damages are not able to be met. When this happens, a trial is necessary to settle the dispute. Unfortunately, going to trial can be a stressful and overwhelming process for anyone. That is why it is important for you to contact a skilled accident lawyer at Inkelaar Law who has experience with Omaha car accident trials so you can have the counsel you need through the legal procedure.
Proceeding with Litigation
Litigation is a process that includes a stage of discovery where you try to collect information from another person about the fact related to the accident to ultimately come to a resolution of the case. The process is governed by rules of evidence and civil procedure.
The opening statement is then given by the plaintiff because they are asking for money or recovery of damages. The burden of proving the case is on the person who is requesting payment and they begin by presenting the opening statement in the trial of the case in court. An opening argument or a closing argument can be helpful because it provides a good summary of the facts of the case and what facts support their position on entitlement to damages.
The litigation usually lasts anywhere from nine to 18 months. The length or brevity of a case depends on the number of people involved in the accident, the complicated issues that have to be determined, the nature and extent of injuries, the number of witnesses, the facts, witnesses, medical treatment, and the amount of medical bills.
Multiple Defendants in a Car Collision Trial
When there are multiple defendants in a case, the rules of civil procedure require a process that is governed by rules of evidence and the rules of civil procedure. When there are multiple defendants, each defendant has an opportunity to present their side of the case; what they are entitled to; and why they are defending themselves.
Having multiple defendants can affect the outcome of the case because the jury or the judge must decide who owes the money. Multiple defendants complicate a case because more than one person could be found responsible for the accident.
Health Privacy Laws
Maintaining the privacy of medical information in a car accident case can be an issue. You should be aware of trying to maintain your rights to medical and health information privacy when preparing for a lawsuit. An experienced car accident lawyer can assemble the appropriate documentation and medical records that the insurance company needs to evaluate the claim and still maintain your privacy rights. If the insurance company is not forthcoming about properly evaluating the case, the HIPPA laws can protect you in a lawsuit.
Trial Process for a Car Accident
The trial process is as follows:
- The plaintiff files their case in the court;
- A discovery phase takes place where people are represented by attorneys who discover evidence about the case;
- The witnesses give their depositions;
- The court schedules a trial;
- The plaintiff presents their case;
- The defendant defends the case by calling in witnesses to prove why they are not obligated; and
- The judge or the jury makes a decision as to who is at fault and the amount of damages.
Elements Litigators Focus On
Litigators always focus on the injuries and damages in a case. The case determines who is at fault for the accident, the amount of pain and suffering, lost wages, the people involved, and how the accident happened. Ultimately the goal is to resolve the controversy and award damages to the victim for their losses.
Contacting an Attorney
A car accident lawyer at Inkelaar Law ensures that the claim being presented is in line with what the law allows. You do not want to do or present something in violation of any rules or law. When presenting arguments to multiple defendants, we make clear and concise arguments of the facts and law to each defendant with the evidence in an organized way.
Make sure you contact a lawyer concerning Omaha car accident trials to get the counsel you need through the legal process.