What Happens in a Car Accident Lawsuit?

A car accident lawsuit is a multi-step process that can end in multiple ways. Parties to the lawsuit may settle, or they may proceed to court and allow a judge or jury to decide the financial outcome. In either case, it can be very beneficial for a car accident victim to have an attorney leading their case.

Some car accident cases do not reach the stage of a lawsuit, instead settling through the insurance claims process. Even if your case concludes through an insurance settlement, a lawyer will demand that liable insurers fight for all the compensation you deserve.

If you or a loved one have been involved in an auto accident, contact a seasoned car accident lawyer in your area today.

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The Timeline for a Car Accident Claim or Lawsuit

As soon as you hire them to represent you, your car accident lawyer will become responsible for every detail of your claim. Some of the most critical duties your lawyer will perform include:

Filing the Claim

Most car accident victims begin their fight for compensation by filing an insurance claim. Your attorney will:

• Evaluate every insurance policy that applies to your accident
• Determine the insurance specific strategy for your case (which may include filing claims with multiple insurers, including yours)
• Determine how much compensation each insurance company owes you
• File all claims and oversee the claims process from start to finish

Lawyers are familiar with every aspect of car accident cases, but they’re particularly familiar with insurance companies.

Your attorney will likely know what motivates insurers, what bad-faith tactics they may use during your case, and how to respond firmly during negotiations as they seek the compensation you deserve.

Investigating the Accident (and Establishing Fault)

Part of any insurance claim or lawsuit is proving who is at fault for the collision. Often, driver-related negligence, including actions like speeding, leads directly to accidents. Your lawyer will determine fault by reviewing:

• Testimony from eyewitnesses (who your lawyer can directly interview, if necessary)
• Video from traffic cameras, dashboard cameras, security cameras, or other recording devices
• Any tickets and police reports written by the responding officer
• Photographs of damaged vehicles showing how the vehicles impacted one another
• All other evidence related to the car accident

Your lawyer will collect and use all relevant evidence during settlement negotiations. Insurance companies and other liable parties will likely not offer a fair settlement unless it’s clear who is at fault for the collision.

Documenting Your Injuries and Related Losses

Your legal team must show how the car accident has caused you economic and non-economic harm. Your case may include several types of documentation, including:

• Your doctors’ written notes about your injuries and symptoms
• Your doctors’ explanations of future treatment you will require
• X-rays and other images of your injuries
• Medical bills
• Bills for repairing or replacing your vehicle (and any other property damaged during the accident)
• A mental health evaluator’s documentation of your pain and suffering, which may include post-traumatic stress disorder (PTSD)

Professional harm may be another important loss you face because of the accident. An attorney may secure income statements from before and after the accident, which can show how much the collision has affected you professionally (and financially).

Presenting a Demand Letter to the Insurance Company

Your lawyer’s demand letter to any liable insurance company may:

• Make the general case that you deserve compensation from the insurer
• Detail the specific losses you have suffered because of the accident
• Detail the specific amount of compensation your lawyer is seeking for each of your losses

Your attorney may need you to reach the point of maximum medical recovery (MMR) before presenting settlement demands. If you have a long-term disability, your lawyer may need to project future damages.

Suing Liable Parties If Insurers Do Not Offer a Fair Settlement

Insurance claims are typically the first step when seeking compensation for a car accident, and a lawsuit can be the next option. Car accident victims and their attorneys often choose to sue liable parties because:

• Insurance companies deny a claim and don’t alter their decision
• Insurance companies contest certain losses, like a critical medical procedure
• Insurance companies disagree about the financial value of a claimant’s losses
• Any other dispute prevents the claimant and insurance company from reaching a settlement agreement

One key benefit of hiring a lawyer is that if insurers don’t pay the money you owe, your attorney can file a lawsuit without missing a step. Because car accident lawsuits often have filing deadlines, this ability to pivot from an insurance claim to a lawsuit is immensely valuable.

Completing Discovery in Advance of a Trial

If your lawyer moves forward with a lawsuit, they may prepare for trial while continuing to negotiate a settlement. If liable parties still do not offer a fair settlement, your attorney may:

• Exchange case materials with the defense, as the court requires
• Obtain materials from the defense that can help with your case
• Complete depositions and interrogatories, which are question-and-answer sessions related to the case
• Take all other steps necessary to move toward trial

Your lawyer’s continued mission will be to free you to focus on your health, which means handling as much of the trial process as possible. Trust them to update you, and respect your right to heal in privacy.

Completing the Trial, if Your Case Makes It to Court

If your case goes to trial, your lawyer will continue fighting for you. They will present all relevant evidence and documentation in front of a judge and jury, making a case that ties together each of these elements.

Your attorney will work to convince a jury to pay you a fair award. If your case ends up in the courtroom, you can be confident if you have chosen a trial-tested and proven lawyer.

Your Damages Will Be the Focus of Your Claim or Lawsuit

When you hire a lawyer, you expect them to secure a financial recovery that spares you the cost of medical services, lost income, and non-economic damages like pain and suffering.

Your lawyer’s case will be formed around your damages, which may include:

Pain and Suffering (Which Covers Many Different Types of Harm)

Many car accident victims live with trauma from the collision. The challenges of being injured (in some cases, in a disabling way) can worsen your mental health after the accident.

Your car accident lawyer will account for every type of pain and suffering you’re dealing with, which may include:

• Both acute and chronic pain from accident-related injuries
• Post-traumatic stress disorder
• Depression
• Anxiety
• Sleep loss
• Lost quality of life

If any of your injuries caused scarring or other types of disfigurement, your lawyer will account for the effects of such visible (and possibly permanent) injuries. Attorneys understand how to calculate pain and suffering accurately, and accuracy is critical when it comes to seeking compensation for your damages.

Property Costs

Traffic accidents can result in damage to:

• Your vehicle
• Your clothing
• Electronics such as your cell phone
• Accessories like jewelry and sunglasses
• Items stowed inside your vehicle when the collision happened

Whether you need to replace damaged items or they can be repaired, your lawyer will demand that liable parties cover the cost.

Medical Costs

Every accident-related medical expense entitles you to compensation. From emergency transport and treatment to hospital services and rehabilitation, your lawyer will value the cost of all of your care.

The more severe and long-lasting your injuries are, the more expensive your medical care is likely to be. However, even if you can cover your medical bills, you should not have to. Allow a car accident attorney to demand that liable parties pay for your healthcare bills.

Professional Damages

The physical and psychological toll of car accidents can cause victims to miss substantial time from work, which can cause:

• Lost income
• Diminished earning capacity
• Lost opportunities to earn overtime pay and performance bonuses
• Lost opportunities to earn or progress toward promotions

If you cannot work again or lose your current job, you may also lose benefits, fulfillment, and other perks you derived from that position. Professional losses can have a direct and long-term effect on you financially and otherwise. Your lawyer will fight to ensure liable parties—rather than you—cover these damages.

Mental Health Service Costs

Car accident victims who need therapy, medication, or other treatments for pain and suffering should not have to pay for the treatment. Your attorney will include all mental health service costs in their settlement demands.

Make no mistake: Your lawyer’s primary mission is obtaining a financial recovery that covers these and any other damages you have suffered. If you hire a lawyer with a long history of obtaining settlements and verdicts, you can be reasonably confident that they will succeed in their mission.

Who Should Hire an Attorney Following a Car Accident?

Keep in mind that, if you have any questions about hiring a lawyer, law firms offer free consultations. You can receive a complimentary case review and face no obligation to hire the firm.

Two of the common demographics who hire car accident lawyers are:

Those Who Suffer Injuries in a Car Accident

Physical injuries are a common motivation for hiring a lawyer. Injuries often lead to direct financial costs (like medical expenses), indirect financial losses (like lost income), and non-economic damages like pain and suffering.

Those Who Lose a Loved One 

The passing of a loved one in an accident is another clear reason to hire a car accident attorney. Your lawyer will calculate damages, including funeral expenses, lost financial support, loss of consortium, and pain and suffering.

If you have suffered psychological distress because of a car accident, you can also reach out to a lawyer. They will review your case and explain whether you have grounds for legal action.

What Do I Do After Hiring My Car Accident Attorney?

Once you hire your personal injury lawyer, simply allow them to lead the way. Your attorney will handle every step of your insurance claim or lawsuit. Find attorneys serving your area and pick the right law firm based on their qualifications, client reviews, and any other criteria you deem important.