While the details of car accident cases vary widely, the basic litigation process in the Wichita area is essentially the same in every case. Mike Wyatt, car accident injury attorney at Mann Wyatt Tanksley Injury Attorneys, explains each step of the car accident litigation process below. [videosingle id="21037" width="100%" height="400" rel="false" /] (1) Plaintiff Files A Petition The plaintiff’s (person bringing the complaint) 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 (person being accused) 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
- 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.