Taking legal action after a car accident is probably an event you never anticipated. Yet the accident happened, and now you have significant expenses piling up. Seeking compensation for damages from the at-fault driver is an important step in moving forward from this traumatic event, but you may be unsure of what to expect from the legal process.
While every car accident lawsuit looks slightly different, below is a typical sequence of events.
The car accident lawsuit process generally starts after you have submitted an insurance claim for your accident damages. If the insurer offers sufficient funds to cover your medical expenses and other associated costs, you won’t need to take legal action. But if their offer is insufficient or your expenses exceed the policy limits, you may decide to take legal action to increase your payout.
You will initiate the lawsuit by filing a complaint with the civil court and having it “served” (i.e., officially delivered to) the defendant. The complaint details why you are filing the lawsuit.
The defendant, which is usually the insurance company representing the at-fault driver, will then answer the claim by either admitting your allegations are true or asserting defenses against them.
The next step in a car accident lawsuit is usually the discovery phase, where you and the defendant both have the opportunity to submit evidence supporting your claims. Your attorneys will exchange documents and request materials from each other. This enables the defendant to understand the evidence stacked against them, which may encourage them to offer a settlement rather than proceed to trial.
Your attorney will gather and present as much evidence as possible to support the defendant’s liability determination and your need for compensation. Evidence may include:
Your accident lawyer may also need to subpoena evidence the defendant will not provide willingly, such as data from their vehicle’s black box or footage from their dashboard camera.
Many car accident victims picture long, stressful court battles when they think of filing a car accident lawsuit. In reality, the majority of personal injury claims settle out of court. This allows both parties to avoid the expense and hassle of a trial.
The insurance company will likely present a settlement offer after reviewing your evidence against the driver. Your attorney will represent you in settlement negotiations and attempt to reach an adequate offer. These negotiations may take time as both sides go back and forth and present new offers.
If you cannot resolve insurance company disputes and reach a settlement agreement out of court, the case may proceed to trial. The court litigation process may involve a jury or just a judge. Your attorney will represent you in court, present the evidence they collected during the discovery phase, and prove the value of your injuries and other damages.
At the end of the lawsuit, the judge or jury will determine whether the defendant is negligent and, if so, how much money to award you.
Navigating a car accident lawsuit may sound scary, but our compassionate attorneys are prepared to handle as much of the process as possible for you. Call Fenstersheib Law Group, P.A., today at 800-TellRobert (800-835-5762) or 954-456-2488 for a free consultation.
What is the first step in a car accident lawsuit?
The first step is filing a complaint with the civil court and having it served to the defendant, detailing why you are filing the lawsuit.
Do most car accident lawsuits go to trial?
No, the majority of personal injury claims, including car accident lawsuits, settle out of court to avoid the expense and hassle of a trial.
What type of evidence is typically gathered in a car accident lawsuit?
Evidence may include accident photos, police reports, medical documentation, and witness testimony, as well as potentially subpoenaed data like black box information.
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