The Legal Process of Filing a Car Accident Lawsuit: Step-by-Step Guide

If you or a loved one suffered a serious injury in a car accident, you may be considering filing a lawsuit. However, these types of lawsuits are complex. It’s best to fully understand the legal process before you engage. This blog post will offer a step-by-step guide to help you advance with clarity.

1. Immediate Actions Post-Accident

After the crash, you should assess your surroundings, check yourself for injuries, and call emergency services.

If possible, document the scene by taking pictures and gathering witness information. Note any details you remember, including road conditions or driver behavior. Then, you can report the incident to the police and obtain a report for evidence.

2. Seek Medical Attention

Even if you aren’t hospitalized, you should get medical care immediately. This will become critical evidence for your case. Past and present medical records will serve as proof of your injuries from the collision. This, in turn, shows the court you are not suffering from a previous condition.

3. Consult With a Car Accident Attorney

You should choose an experienced and accessible attorney who has handled cases like yours.

During the initial consultation, bring all documentation from steps one and two. The lawyer will likely have you explain what happened and give their professional opinion on your case. You will also be able to ask questions about how long your case might take and the potential value of your damages.

4. Investigation and Evidence Gathering

Once a legal professional decides to take your case, they’ll gather evidence. This may include reports, camera footage, and witness statements.

Meanwhile, continue attending your medical appointments, maintain a treatment journal, and keep track of all related expenses. Some examples may include medical care, lost wages, and property damage.

5. Filing an Insurance Claim

A legal professional can also help you correctly file a claim with the insurance companies. Don’t forget that insurance companies are designed to protect themselves and may push back against the claim.

An experienced lawyer can handle negotiations on your behalf. They’ll ensure companies follow the law and don’t try to intimidate you into a lowball settlement.

6. Filing the Lawsuit

Filing your claim as soon as possible gives you the best chance of preserving evidence and avoiding the danger of the statute of limitations running out.

In addition to required court forms, you should include all evidence (such as police reports, witness statements, medical records, and photos) when filing your lawsuit. You may also need to include a brief statement about why you’re filing.

7. Discovery Phase

During the discovery phase, each party will gather evidence needed for the case. You and your lawyer should expect interrogatories, which are sets of questions you must answer honestly.

You may also participate in depositions or be asked to provide certain documents. Your attorney and the other party will use this evidence to build their respective cases.

8. Pre-Trial Motions and Settlement Discussions

Common pre-trial motions that can help settle a lawsuit include a motion to exclude certain evidence or a motion for default judgment if the defendant doesn’t answer the claim. Your attorney may also file a motion for summary judgment, which means your claims have gone undisputed, and the judge may decide the case.

The other party may file a motion to dismiss the case for lack of evidence or jurisdiction. If they decide to settle, your lawyer will evaluate and negotiate settlement offers on your behalf.

9. Trial

If your case goes to trial, both sides will present their arguments, including opening and closing statements, a presentation of evidence, and witness testimonies. Medical and other experts may be called to the stand to testify in front of the jury.

10. Verdict and Post-Trial

After closing arguments, the jury will deliberate and decide liability. They may also decide how much money you should get based on your damages. If either party is unhappy with the results, they can file an appeal with the court. A judge can deny your appeal, reverse the original decision, or call for a retrial.

The Right Attorney Can Make or Break Your Case

After a car crash, you should document the scene, seek medical attention, and call a lawyer as soon as possible. Once you do, your attorney will work on your behalf, gathering evidence, filing the lawsuit, negotiating settlements, and presenting evidence at trial.

Throughout the case, they’ll help you obtain the most favorable outcome possible and work toward the compensation you deserve.