Car & Vehicle Accidents

September 10, 2019

Skaug Law Idaho’s Injury Attorney

Serving Nampa, Meridian, Caldwell, and nearby Idaho communities | (208) 410-4736

Car Accident Litigation

By: Bruce Skaug •

Nampa car accident litigation can be a long, difficult process. But a dedicated car accident lawyer from Skaug Law can guide you through it. Lawsuits involve steps like discovery, depositions, and trial preparation—often over many months.

The Litigation Process

Litigation (a lawsuit) typically begins when a complaint is filed with the court. The defense—often the insurance company’s attorneys—has a certain number of days to formally respond.

After that, the case moves into discovery, where both sides exchange information and evidence. During discovery, each party may answer written questions and requests for documents.

Usually, the next major step is depositions. Depositions are sworn testimony that often take place in an attorney’s office. Drivers are commonly among the first people deposed.

Depositions are an opportunity for an injured person to tell their story under oath. A good personal injury attorney will prepare you in advance and be by your side during questioning.

Once discovery is complete, the attorney begins trial preparation.

Car Accident Trials in Nampa

Car accident trials in the Nampa, Idaho area can be bench trials, but they are most often jury trials. Both parties generally have the right to a jury trial.

When it comes to damages, attorneys often prefer juries deciding rather than judges. At trial, each side can give an opening statement, present evidence, and then make closing arguments.

The plaintiff usually presents their case first because they carry the burden of proof to show they were injured and the other party was at fault. After both sides present their cases, closing arguments follow—typically the plaintiff first, then the defense, and then a final rebuttal for the plaintiff.

What Happens If There Are Multiple Defendants?

If there are multiple defendants in an auto accident case, each defendant typically has legal representation. That can make the trial more complicated because there are more attorneys involved in questioning and arguments.

The order of presenting evidence usually doesn’t change much, but outcomes can. Each defendant may be assigned a percentage of fault, and that percentage can affect how damages are allocated.

An experienced attorney helps manage these complexities, from openings through the moment the jury leaves to decide the verdict.

The Length of Litigation

The time from filing a complaint to reaching a trial date depends on the complexity of the case. Cases can take longer when there are serious injuries, long-term medical needs, lost earning capacity, or multiple defendants.

Court schedules also matter. In many situations, it can take about a year to get to trial after filing—sometimes more, sometimes less.

If a plaintiff is patient, they may be able to obtain a better settlement before trial.

Important Elements

Some of the most important elements in a car accident injury trial include how the accident happened, what the police say about the crash, and what the damages are.

Other considerations include medical bills, whether the person is permanently injured, and what doctors say. It’s also common for the defense to hire a doctor to argue the injuries were not caused by the auto accident.

Because of that, the plaintiff often relies on their treating doctors and other medical expert witnesses to respond to the defense position.

Get Help with Nampa Car Accident Litigation

Nampa car accident lawyers at Skaug Law want injury victims to understand they may pursue more compensation by working with a lawyer. We can help you pursue fair compensation for your injuries.

To learn how we can help with Nampa car accident litigation, call today for a free consultation.

Call (208) 410-4736.

Disclaimer: This page is general information and not legal advice. Each case depends on its facts.

Skaug Law

1226 East Karcher Road, Nampa, ID 83687

(208) 410-4736

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