How Litigating a Virginia Motorcycle Accident Case Works
You may need to sue the negligent driver who caused your Virginia Beach or Norfolk motorcycle accident. The experienced Norfolk motorcycle accident lawyers at Tavss Fletcher will aggressively litigate your claim and will take your case to a jury trial if this is in your best interests so that you obtain the compensation you deserve for your injuries.
If you were injured in a motorcycle collision caused by a negligent motorist in Norfolk or Virginia Beach, you may have to file a lawsuit if their insurance company will not offer you a reasonable settlement or the statute of limitations to sue will expire soon. Litigating your claim can be confusing, and it can be helpful to understand the steps involved in the litigation process.
Steps in a Norfolk Motorcycle Accident Lawsuit
If you must sue the negligent driver who caused your injuries, you need to be prepared that it could take a long time to resolve your claim. Your first step should be to hire an experienced motorcycle accident lawyer to pursue your rights in court. It would be too confusing for you to try to represent yourself in court. Here are the steps your lawyer will take for you.
Step 1: Filing a Complaint
To start the litigation process, your personal injury lawyer will draft a formal complaint against the negligent driver, referred to as the defendant in the lawsuit. This document outlines your allegations and demands the compensation you are seeking for the injuries and other losses you have suffered.
Once the complaint is prepared, it is filed in the appropriate Norfolk or Virginia Beach court. It officially initiates the legal proceedings and informs the defendant about the claims against them.
Step 2: Serving the Defendant
After filing the complaint, your lawyer will arrange to serve the defendant with the lawsuit papers. This is typically done through a process server or sheriff, ensuring the defendant is properly notified about the legal action against them. The defendant will then have a set period to respond to the complaint, usually within 21 days of being served.
Step 3: Discovery Process
The discovery process permits both parties to exchange information and documents related to the case. Your attorney will engage in this phase to gather evidence supporting your claim and to review evidence provided by the defendant.
The discovery phase of your case will be the longest part of the litigation process. It typically involves depositions, interrogatories, and document requests, and will help build a strong case on your behalf.
Step 4: Negotiation and Mediation
Before going to trial, your skilled motorcycle accident lawyer will most likely try to settle your claim. In addition, the judge could order that your case go to mediation to try to resolve it.
Many cases are resolved at this stage, saving time and costs associated with a full trial. However, if your attorney cannot get the insurance adjuster to offer you the compensation you deserve under Virginia law, your case will proceed to trial.
Step 5: Trial
During your jury trial, your lawyer and the insurance company’s attorney will present their arguments, evidence, and witnesses. You will have an opportunity to testify. Once both sides present their cases, the jury will deliberate and decide on a verdict.