You may wonder what to expect if you’ve sustained an injury in a car accident and are interested in pursuing legal action. A car accident lawsuit can be overwhelming, especially when you’re dealing with injuries, medical bills, and insurance companies.
Although you may be entitled to compensation for your injury-related losses, you may demonstrate to the court the negligent actions that contributed to your losses. Understanding what happens in a lawsuit can give you peace of mind and protect your legal rights.
You should, therefore, consult a legal professional for guidance after a car accident. A car accident lawyer can investigate the crash, gather evidence, and present a compelling case before a judge or jury.
How Does a Lawsuit Work for a Car Accident
Although a car accident lawsuit can feel like a complex process, understanding the process helps you feel more in control. Here are the steps involved in a car accident lawsuit:
Investigation and Evidence Gathering
The first step in a car accident lawsuit is the investigation phase. It involves gathering evidence to support your case, such as accident scene photographs, witness statements, police reports, and medical records.
A skilled attorney will conduct a thorough investigation to gather all the necessary evidence to build a strong case on your behalf. They also understand how to preserve relevant documentation that can tilt the case in your favor.
Filing a Complaint
You should file a complaint with the local court where the crash occurred. The complaint outlines the details of the accident, the injuries sustained, and the damages sought. This legal document officially initiates the lawsuit and notifies the defendant of the allegations against them.
A car accident attorney can help file a timely and accurate complaint in compliance with the statute of limitations. You may lose your legal right to compensation if you initiate a lawsuit beyond the timelines of the statute of limitations.
Discovery Process
The following steps require both parties to engage in the discovery process. The discovery phase allows each side to request and exchange relevant information and evidence related to the case.
Discovery methods may include interrogatories, depositions, and requests for production of documents. The discovery process helps each party understand the strengths and weaknesses of the opposing side’s case and prepares them for trial.
Negotiation and Settlement
Many car accident lawsuits are resolved through negotiation and settlement before trial. Attorneys from both sides engage in settlement discussions to reach a mutually agreeable resolution.
A settlement can provide a quicker and less costly resolution than going to trial. A car accident attorney will use evidence to negotiate with the negligent party so you can receive fair compensation for your injuries and damages.
Trial
The car accident lawsuit will proceed to trial if you can’t agree on a settlement with the at-fault party. Both parties present their case before a judge and potentially a jury during the trial. A car accident lawyer will use witness testimony, expert opinions, and images of the crash scene to support your compensation claim.
The judge or jury will evaluate the evidence and award you damages for your losses. A car accident attorney may also represent you during the appeal process, protecting your right to compensation.
How Long Does a Lawsuit for a Car Accident Take
The timeline of a car accident lawsuit can help you manage your expectations and finances as you pursue compensation for your losses. Reaching a resolution may take a few months or years, depending on the case.
The timeline for resolving a lawsuit is influenced by several essential factors that can either expedite or delay the proceedings. Here are some key elements that can affect the duration of a car accident lawsuit:
Severity of Injuries
One of the primary factors that can impact the length of a car accident lawsuit is the severity of injuries sustained. Cases involving more severe injuries often require extensive medical treatment, leading to a more extended recovery period.
For example, the lawsuit of a car accident victim who sustained a broken arm may resolve quickly compared to someone else with a spinal cord injury. A car accident attorney can take more time negotiating with insurers for long-term medical care, lost damages, and structural adjustments associated with the injury.
The at-fault party’s insurer may be willing to put up a strong defense against your car accident claim, leading to further delays.
Duration of Treatment Plan
The length of the treatment plan necessary for recovery can determine if your case will resolve quickly or take an extended period. Lengthy treatment plans can prolong the legal process as parties wait for the injured individual to reach maximum medical improvement before negotiating a settlement or proceeding to trial.
Liability Disputes
Disputes over liability can extend the duration of a car accident lawsuit. When there is uncertainty or disagreement about who is at fault for the accident, the legal process can be delayed as both parties work to gather evidence and build their respective cases to support their claims.
A car accident lawyer can use the following sources of evidence to solve disputes:
- Medical records
- Police crash reports
- Accident reconstruction experts
- Traffic camera footage
- Eyewitness statements
- Photographs and videos
Number of Parties Involved
A car accident lawsuit becomes difficult to solve as the number of parties involved increases. In cases where multiple drivers, passengers, or other third parties are implicated in the accident, coordinating legal proceedings and negotiations among all parties can lead to a longer resolution timeline.
Insurance Company Delays
In most cases, the at-fault party’s insurer is the source of compensation for the injured victim. Therefore, the insurance company’s actions can cause delays in the lawsuit. Insurers may take time to investigate claims, assess damages, and make settlement offers, all of which can contribute to prolonging the legal process.
Settlement Vs. Trial
The decision to settle a car accident lawsuit out of court or proceed to trial can expedite or slow the resolution of your car accident. While settlements can expedite the process, trials require additional preparation, court dates, and legal proceedings that can result in a more extended timeline.
A car accident lawyer can identify opportunities for settlement negotiations to avoid the lengthy trial process.
Court Schedules
The availability of court dates and the overall caseload can also influence how long a car accident lawsuit takes to resolve. Scheduling hearings, depositions, and trial dates around the court’s calendar can introduce delays into the legal process.
Length of Discovery Process
The discovery process, where both parties exchange evidence and information relevant to the case, can be time-consuming. Collecting, reviewing, and analyzing documents, witness statements, and other evidence can add to the overall duration of the lawsuit.
A car accident lawyer can expedite the discovery process in the following ways:
- Sending prompt discovery requests
- Responding quickly to the opposing counsel
- Coordinating depositions early and in a logical order to minimize delays
- Adhering to court deadlines
Disputes Over Damages
Disputes over the extent of damages and compensation sought in a car accident lawsuit can lead to prolonged negotiations or court proceedings. Evaluating and proving the full extent of physical, emotional, and financial damages can be time-consuming, leading to delays in the lawsuit.
Quality of Legal Representation
The experience, knowledge, and efficiency of the legal representation involved in a car accident lawsuit can also impact the timeline for resolution. A skilled car accident lawyer who understands negotiations, court procedures, and legal strategies can help streamline the process and work towards a timely resolution.
How Much Can I Get From a Car Accident Lawsuit
There is no average value you can get in a car accident lawsuit. The outcome of the lawsuit depends on the facts and circumstances of the case. Some of the factors that influence how much you can get in a car accident lawsuit include:
Shared Liability
In a car accident lawsuit, the concept of shared liability can impact the outcome of your lawsuit. Shared liability is when both parties in the accident share some fault. The principle recognizes that accidents are rarely black and white, with one party solely responsible.
The principle also acknowledges that multiple factors can contribute to a collision, such as speeding, distracted driving, or failure to yield.
Your settlement value can be reduced if you were partly at fault for the crash. For example, if you were deemed 20 percent at fault for the accident, the compensation you receive can be reduced by that percentage.
A car accident attorney can use evidence to protect you from being unfairly blamed for the crash. They can also tirelessly fight for a fair settlement value that matches your losses.
Severity of Injury
The extent of the injury can also impact the compensation awarded in a lawsuit. More severe injuries often result in higher medical expenses, longer recovery times, and potential long-term effects on the individual’s quality of life, affecting the claim’s value.
For instance, a minor injury such as whiplash may require only short-term medical treatment and have minimal long-term consequences. On the other hand, a catastrophic injury like a spinal cord injury or traumatic brain injury may lead to extensive medical care, long-term rehabilitation, and permanent disability.
The costs associated with severe injuries are significantly higher, and the compensation awarded in a lawsuit reflects that. Severe injuries can also affect your quality of life or cause permanent disability, necessitating a higher settlement value.
Availability of Evidence
Evidence is the foundation of all legal claims, including car accident lawsuits. The availability of strong and clear evidence can increase the value of a car accident lawsuit by strengthening liability and damage claims. The availability of evidence can reduce disputes and encourage quicker and higher settlement offers from insurers.
A car accident attorney can use the following sources of evidence to enhance the value of a lawsuit:
- Witness Testimonies: Eyewitness accounts from individuals who saw the accident unfold can provide additional details and perspectives.
- Police Reports: Official reports filed by responding officers contain essential information about the accident, such as statements from involved parties and initial assessments.
- Photographic Evidence: Clear and detailed photos of the accident scene, vehicle damage, and injuries can provide a visual perspective on the case.
- Medical Records: Documentation of your injuries, treatments, and medical expenses can demonstrate the extent of your damages.
- Expert Opinions: Testimony from accident reconstruction experts or medical professionals can offer objective insights that support your claim.
- Electronic Data: Data from vehicle black boxes, GPS devices, or surveillance cameras can provide valuable information about the accident.
- Cell Phone Records: Data from cell phones can help establish whether distracted driving played a role in the accident.
- Maintenance Records: Vehicle maintenance logs can reveal whether mechanical issues contributed to the crash.
- Employment Records: Proof of lost income due to injuries sustained in the accident can support your claim for compensation.
- Social Media Posts: Posts or photos on social media platforms can sometimes contradict claims of injury or impairment.
Insurance Coverage of the Negligent Party
The coverage limit of the negligent party can determine how much you can receive for your car accident lawsuit. If the at-fault party has a low coverage limit, it can restrict your ability to recover for injury-related losses.
A car accident lawyer can use a lawsuit to seek additional sources of compensation, like assets or income.
Let a Car Accident Lawyer Fight for You
Your quality of life is likely to worsen after sustaining an injury in a car accident. For example, a fractured hip can prevent you from participating in nature walks, your favorite hobby. You may also incur hefty medical expenses during treatment, straining your finances.
Despite your legal right to compensation, the negligent party’s insurer may reject your claim or make a low settlement offer that doesn’t cover your losses. Working with a legal professional can enhance your chances of a positive outcome.
A car accident lawyer can gather evidence, negotiate with insurers, handle legal filings, represent you in court, and work to maximize your compensation while protecting your rights every step of the way
Contact a car accident attorney to get the justice you deserve after the crash.