Los Angeles, CA personal injury attorney Narbeh Shirvanian talks about the car accident lawsuit process. If a car accident case doesn’t reach resolution in the pre-litigation stage, the necessity of filing a lawsuit arises. After preparing a thorough settlement demand and providing 30 days for insurance companies to respond, the recommendation is to proceed with a lawsuit if payment is not received. The litigation process involves various crucial steps.

Initially, attorneys identify potential defendants, such as the driver, registered owner, employer, or relevant company. Filing the lawsuit in the appropriate courthouse follows, and private investigators are engaged to locate and serve all named defendants with the lawsuit, a process known as effectuating service of summons and complaint, which can be time-consuming if individuals are challenging to locate.

Once all defendants are served, they typically have 30 days to file a responsive pleading, commonly an answer to the complaint. Following this stage, the case becomes live, entering the Discovery phase, characterized by fact-finding through written questions, document exchange, and deposition notices. Depositions, oral interviews conducted under oath, play a crucial role in gathering information.

Discovery may unveil additional potential defendants, leading to an iterative process. After the initial Discovery is complete, the insurance company may arrange an independent medical examination, aiming to challenge the extent of injuries, with a defense medical expert hired for this purpose.

Subsequently, the strengths and weaknesses of the case become apparent, and resolution may occur through private mediation or proceed to expert Discovery. In this phase, both sides exchange information about retained experts, including doctors, engineers, biomechanical experts, and accident reconstructionists. This preparation sets the stage for a potential trial, which can either lead to a settlement at the courthouse steps or proceed to trial, where the case is presented before a jury to ensure justice for the clients.

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