Litigation Process
The litigation process for Alabama automobile accident cases involves several key steps, from filing a complaint to trial and appeal. Understanding these steps and the procedural rules that govern them is crucial for both plaintiffs and defendants.
Filing a Complaint
The first step in the litigation process is filing a complaint with the appropriate court. The complaint Artikels the plaintiff’s claims, including the specific injuries and damages they have suffered. The defendant then has a certain amount of time to file an answer, which Artikels their response to the allegations.
Discovery
Once the complaint and answer have been filed, the parties enter the discovery phase. During discovery, both sides exchange information and documents related to the case. This can include interrogatories, requests for production of documents, and depositions.
Motions and Hearings
Throughout the litigation process, either party may file motions with the court. Motions are requests for the court to make a specific ruling or take a specific action. The court may hold hearings on motions to hear arguments from both sides before making a decision.
Trial
If the case cannot be resolved through settlement or summary judgment, it will proceed to trial. At trial, both sides present their evidence and arguments to a jury or judge. The jury or judge then decides who is liable for the accident and the amount of damages the plaintiff is entitled to.
Appeal
After a trial, either party may appeal the decision to a higher court. The appellate court will review the record of the trial court and determine whether any errors were made. If the appellate court finds that an error was made, it may reverse the trial court’s decision and send the case back for a new trial.
