If you have been injured in a car accident, you may be entitled to certain damages. With a car accident, damages often include the repair or payment for a wrecked vehicle, medical treatment costs, wages from a job, and more. When seeking compensation, you may come across the term "facts of the case". This aspect of a legal case can determine how much you receive, when you receive it, and whether you are paid anything at all. To find out more about the facts of a car accident personal injury case, read on.
Facts of the Case and Legal Representation
When you speak to a car accident injury lawyer, they are looking at the information you provide and making a call about the validity of the case based on the facts. Facts must be backed-up with proof. Your lawyer will review what you say about the accident and your injuries, the accident report, and your medical records if you have them. They may also look into the insurance policy of the at-fault driver. A preliminary decision is made to represent you based on the facts known as this time.
Facts of the Case and the Settlement
You might be able to settle your case out of court if your facts are good. Your lawyer will ask the other side to pay you a given sum of money and will lay out some of the more pertinent facts of the case in a letter. They might, for example, list evidence that includes eye-witness statements and medical records to back up the facts. In this case, the main fact is the allegation that the other driver caused the accident and you have several forms of damage to be paid.
Facts of the Case and the Lawsuit
If no settlement is possible, the case goes to trial. Your lawyer will file a lawsuit and that suit lists the most complete and compelling list of facts possible. In fact, a lawsuit is little more than a list of facts of the case couched in legal lingo. The other side doesn't have to sit still and accept the facts of the case. They must respond to the lawsuit with what is known as an answer and there they will address the plaintiff's facts and posit their own facts. They might, for example, list facts that allege the plaintiff was partially to blame for the accident and how. None of this back-and-forth is the actual court case, though. That will only come after both parties have submitted proof of all the facts and shared them with the other side in discovery actions.
To find out about the facts pertaining to your case, speak to a personal injury lawyer right away.