Some car crash cases end up going to trial because insurance fails to cover the total cost of vehicle damage or personal injuries. No matter the severity of the wreck, if you are considering suing, you may benefit from hiring the Law Offices of R.F. Wittmeyer, Ltd. to guide you through the litigation process.
Schedule an initial consultation with our experienced and knowledgeable auto collision attorneys today. This consultation is a crucial step in understanding your Aurora car accident case and determining whether it should be taken to trial. It is an opportunity to get informed and prepared for the legal process ahead.
Filing a Pleading
A car accident trial in Aurora begins with the filing of a pleading. A pleading document tells the court why you want to sue the other driver. In the pleading, you describe the accident to the court, discuss the violated laws, and ask the court for relief.
It is advantageous to hire an experienced personal injury firm, like the Law Offices of R.F. Wittmeyer, Ltd. Our lawyers know the Illinois Rules of Civil Procedure that discuss where to file pleadings. Several factors, such as the location of the accident, where the parties reside, and the amount of damages, determine which court can hear your case. If a pleading is filed incorrectly, you cannot recoup the time or money you invested attempting to begin the lawsuit.
Filing an Answer
When a pleading is filed with the appropriate court, the next step is that the other driver will file an answer. They must respond to your claims made in your pleading. If the other driver agrees with your claims, the judge will make a ruling based on your pleading. The judge’s role is to ensure that the trial is conducted fairly and according to the law. If the other driver denies your claims, then the trial process continues.
Another possibility is that they may fail to respond altogether. In this case, the judge will order a default judgment in your favor. Consult an Aurora car crash attorney to advise how long the other party has to respond to your pleading before a default judgment is rendered in a trial.
Discovery
If the other driver denies your claims, you will move forward to discovery. This step in the trial process is all about discovering information. If you are representing yourself, you will send the other driver questions about their insurance, the accident from their perspective, and other details about the claims you made in the pleading.
After the other driver receives your discovery documents, they will send discovery documents of their own. Seeking counsel for this step can be practical because a lawyer could advise you on what questions you may not have to answer.
Learn More About Car Accident Trials from a Hardworking Aurora Attorney
Representing yourself in a car accident trial in Aurora is no easy task. However, with the support of our determined legal team, you do not have to let the intricacies of a collision case discourage you from getting the justice you deserve.
Work with our team today. With over 40 years of experience in personal injury law, we could guide the legal process and answer any questions you may have. Get in touch with the Law Offices of R.F. Wittmeyer, Ltd. today to speak with a seasoned personal injury attorney.