Whiplash injuries to the neck from car accidents can lead to lawsuits. The injured party files a complaint against the defendant, who responds. Both sides gather evidence through discovery before presenting their case in court, where a judge or jury decides the outcome. A personal injury attorney can help with the process.
Whiplash is a term that describes injuries to the muscles, ligaments, and soft tissue of the neck. Whiplash typically occurs as a result of a rear-end vehicle collision. In a whiplash lawsuit, a plaintiff, that is, the injured party, files a complaint against a defendant. The defendant then files a reply. In addition to assembling their own evidence, each side then prepares for the whiplash lawsuit by obtaining information from the opposing side through a process called discovery. If the case is not resolved, the parties present their case in court and a judge or jury decides the outcome. Most people hire a personal injury attorney to help them prepare documents and present their case.
Plaintiff’s complaint initiates whiplash lawsuit. The complaint contains the claims against the defendant and formulates a claim for compensation. The claims are the plaintiff’s version of the facts about how an accident occurred and who is at fault. The claim is the remedy or amount of money that the plaintiff is seeking in compensation. After the claim is prepared, the plaintiff files it with the court and must have it served on the defendant by a private process server or through a sheriff.
Once the defendant receives the complaint, they must file a response within a set period, which is usually 30 days in most jurisdictions. A response is a motion or a response to the whiplash lawsuit. A motion is a document that raises legal defenses that could dismiss the case and requests the court to issue a particular decision. For example, a motion could lift statute of limitations as a defense for a whiplash lawsuit. A statute of limitations sets time limits for lawsuits, which means that a court is unable to hear a case filed after a time limit has passed.
A response to the cause of whiplash may also be contained in a document called a response. The response admits or denies every fact stated in the complaint. It may also contain the possibility of asking the judge to charge the plaintiff with fault for the cause of the accident. Apportioning blame to the plaintiff could reduce the amount of damages a defendant would pay.
Subsequently, each side can conduct a discovery, which allows the plaintiff and the defendant to obtain information about the case from the opposing side. Parties to a lawsuit may use discovery methods such as interviews, depositions, subpoenas, and admission requests to gather information. Each discovery method can reveal vital information about the strength of the opposing side’s case. For example, in a whiplash lawsuit, a defendant might learn that the plaintiff’s injuries were not serious by questioning the plaintiff’s doctors through a deposition.
Upon discovery, assuming the case is not resolved without the need for a trial, each party to a whiplash lawsuit presents their case in court. A judge hears the case unless one of the parties requests a jury trial. In a jury trial, the jury decides the facts and the judge decides disputes over the law. The judge or jury then decides the outcome, i.e. who is at fault, after hearing all the evidence and arguments. The losing party can file an appeal.
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