What Is The Car Accident Litigation Process In Oklahoma City?
While the details of car accident cases vary widely, the basic litigation process in the Oklahoma City area is essentially the same in every case. Mike Wyatt, car accident injury attorney at Mann, Wyatt & Rice Injury Attorneys, explains each step of the car accident litigation process below.
(1) Plaintiff Files A Petition
The plaintiff’s attorney lays out the allegations in a petition to the court, defining the scope of the case. They describe, in as much detail as possible, what the defendant did and why they’re negligent.
(2) Defendant Files An Answer To The Petition
In many cases, the defendant’s insurance company will provide an attorney who will file a document that lays out answers to the specific complaints in the petition.
(3) Scheduling Conference With The Court
Attorneys for the plaintiff and defendant meet with the court to lay out the overall timeline of the case, including important dates and deadlines.
(4) Written Discovery
Both parties exchange written questions and documents that pertain to the case such as:
- Medical records
- Motor vehicle accident reports
- Photos of the accident and injuries received from the accident
There are several types of depositions that could occur based on the details of the case and the information each party wants to ascertain.
Party depositions – The plaintiff and defendant are deposed by opposing attorneys, offering their sworn testimony under oath regarding the details of the case. They are then cross-examined to ensure the availability of as much detail as possible.
Witness depositions – If needed, those people identified as potential witnesses to the accident will be deposed and cross-examined under oath by both attorneys.
Expert witness depositions – If relevant to the case, expert witnesses may be retained to give their opinion on details such as the severity of the plaintiff’s injuries or the legal liability of the defendant.
(6) Pre-Trial Process
If the case hasn’t been resolved by this point, both parties lay out the issues for the court to consider and agree on the issues the parties can line up for a jury trial.
(7) Jury Trial
Most car accident litigation will not make it to a jury trial. However, if the case does proceed to this step, it will be presented to a jury of 12 people. They will decide the outcome of the case, if there is legal liability of fault, what damages occurred, and the amount of money owed to the plaintiff.
Contact Our Oklahoma City Car Accident Injury Attorneys Immediately
When you’re injured in a car accident, you want to focus on your recovery. Most people assume that if they and the other driver have insurance, the medical and property expenses incurred will be covered. The truth is that insurance companies try to settle claims as early and for as little as possible. The Oklahoma City car accident injury attorneys at Mann, Wyatt & Rice will work hard to get you the compensation you deserve.
Request a free consultation with our team of Oklahoma City car accident injury attorneys or contact us directly at (877) 768-2400. We look forward to speaking with you!