What Happens in a Car Accident Lawsuit?

If you or a loved one were in a car accident, filing a lawsuit might lead to you receiving the compensation you deserve. While you might not need to sue, you might benefit from knowing what happens in a car accident lawsuit. If you hire a lawyer (which you should), your attorney will explain whether filing a suit is right for you.

A car accident lawsuit involves several steps, from filing the complaint to conducting discovery and, in some cases, completing a trial. Some lawsuits settle before the trial starts. Your Chandler car accident lawyer will fight for you, whether or not your case requires them to sue or go to court.

What Lies Ahead If You File (or Your Legal Team Files) a Car Accident Lawsuit

Note that every car accident case must follow its own distinct path. Some cases don’t require anything more than an insurance claim, while others go all the way to trial. Your attorney will identify the proper strategy for you and your case, and they will work to resolve your case as efficiently as they can.

If you and your attorney elect to file a car accident lawsuit, the process ahead may go as follows:

You Hire Your Lawyer

If you or a loved one suffered an injury in a car accident, you need experienced legal help.  You need to focus on your health and recovery to ensure a brighter future for you and your family.  Victims of car accidents typically hire a lawyer who:

• Serves the area in which the car accident happened
• Has years of relevant experience
• Has obtained many financial recoveries for car accident victims (some car accident attorneys have many multi-million-dollar settlements and verdicts on their record)
• Has primarily positive reviews
• Earns the client’s trust, which they may do (at least in part) through a free consultation 

You might find prospective law firms through an online search, by speaking with friends and family who have hired car accident attorneys in your area, or by calling law firms you’re already aware of (perhaps through local advertising).

Read more: Can You Sue Uber for a Car Accident?

The Lawyer Investigates and Documents the Car Accident

Successful attorneys understand the importance of urgency. They know there are often deadlines for filing car accident suits and that evidence can be destroyed, disposed of, or lost.

Expect your attorney and their team to immediately acquire any relevant:

• Witness statements
• Photographs of damage to your car (and any other vehicles involved in the accident)
• Accident reports from local authorities
• Video related to your car accident
• Expert testimony

Some lawyers hire experts to reconstruct auto collisions. Your lawyer will stockpile any evidence that helps prove who caused your accident. Whether a state uses a fault-based or no-fault insurance system, determining who caused a collision is always important—especially if the accident victim decides to sue.

Read more: What Can a Lawyer Do for You After a Car Accident?

Your Lawyer Files the Legal Complaint

You and your lawyer will determine whether your case requires intervention from the courts, as this is typically how civil cases start. If you choose to move forward with a lawsuit, your lawyer will file the civil complaint, which may detail:

• The plaintiff (you) and any defendants named in the lawsuit
• The reason why you are filing the complaint
• The resolution you hope to achieve by filing the complaint, which is likely a fair financial recovery for your accident-related damages

These complaints must be drafted in a specific manner and filed on time with the proper court. Attorneys’ experience filing car accident-related complaints will be helpful if you elect to sue.

Read more: Filing a Lawsuit After an Uber or Lyft Car Accident

The Defense Addresses the Complaint

The answer to a civil complaint is a formal response that may include:

• A specific response to each allegation made in the complaint
• Admissions of wrongdoing 
• Denial of wrongdoing
• Specific defenses
• Counterclaims

Defendants generally fight civil complaints, which may include denials, defenses, and counterclaims. Unless the defendant accepts full responsibility and agrees to the resolution you seek, the answer to your complaint is unlikely to conclude your case.

Parties Complete Discovery

The discovery process may come next if the defendant intends to fight your case. This is the stage in which both parties seek information about the other’s case, whether that is:

• Evidence of negligence
• Specific documents
• Facts
• Witness names
• Witness testimony

The discovery process may even include depositions, which are interviews given under oath. Allow your lawyer to handle every aspect of discovery, as this technical process can be pivotal to your lawsuit’s success.

Read more: Who Pays Medical Bills After a Car Accident?

If No Settlement Happens, the Case Goes to Trial

Your lawyer may have one or more opportunities to settle your case before the trial starts. Settlements are common but not guaranteed. If your case goes to trial, your attorney will have a cohesive strategy ready to go. They will make the case that a jury should award you fair compensation for your accident-related damages.

Your Lawyer Might Not Need to Sue to Secure the Money You Deserve

Though car accident lawsuits happen regularly enough, they are not always necessary. Many accident survivors get fair compensation by filing insurance claims. Some of the variables that may influence whether you file a lawsuit are:

• The insurance status of the at-fault motorist: Every state in the country has some amount of uninsured motorists. When an uninsured motorist causes an accident, their lack of insurance can affect the victim’s case strategy. While being hit by an uninsured driver does not guarantee you’ll sue, it’s one factor your lawyer will need to weigh.
• The amount of insurance coverage policies entitle you to: Your lawyer will need to determine whether insurance coverage is sufficient to cover your accident-related damages. They will review all insurance policies that apply to your accident to make this determination. If insurance coverage limits are lower than the cost of your losses, it can increase the likelihood that you’ll sue.
• The approach of liable insurers: Even if insurance policies offer enough coverage for your losses, insurance companies must decide to pay the compensation you deserve. If those insurers instead choose to deny your claim, lowball you, or engage in other bad-faith tactics, their approach may force you to file a lawsuit.
• The nature, severity, and cost of your accident-related damages: Any way you evaluate your case, the cost of your damages will be a central factor in whether you sue. The more costly your damages are, the more likely you may be to file suit—though the matter is not always so cut-and-dry.

The typical car accident victim does not know whether they should sue. That’s why so many turn to attorneys for advice. Your lawyer will use a logical, analytical approach to help you decide whether filing a lawsuit is right.

Read more: Who Is At Fault in a Multi-Car Accident?

Even If You Sue, Your Attorney May Settle at Any Time

It’s important to note that suing does not lock you into a road to trial. Your attorney may negotiate a fair settlement through the insurance claims process. Even if you elect to sue, your attorney may have several chances to negotiate a settlement before a trial date arrives.

It’s generally smart to have the option of suing, which means hiring a lawyer for many accident survivors. Even if you don’t sue, simply having the option to do so can benefit your case.

If You Don’t Sue, Your Car Accident Lawyer Will Take Ownership of the Claims Process

Do not think that a car accident lawyer is only helpful for those who file lawsuits. Those whose cases hinge on the outcome of insurance claims can also benefit from having an attorney.

Your lawyer’s duties specific to the claims process will include:

Dealing with Insurance Providers on Your Behalf

Your lawyer will have several reasons for communicating with insurers, rather than having you do so, and those reasons include:

• The fact that insurance companies are not always honest or ethical and may actively try to undermine your claim
• The importance that you avoid stress and focus on your recovery, which does not jibe with dealing with insurance companies
• A lawyer’s sense of duty to handle every single detail of your case
• The need for your lawyer to have oversight of every aspect of your case, communications included

Your lawyer will not hesitate to communicate aggressively if circumstances call for it. Insurance providers may need to see that your lawyer is serious about getting justice for your car accident.

Read more: What to Do After a Car Accident

Negating Any Bad-Faith Strategies Used Against You

Bad-faith insurance strategies are a concern you should be alert to, as these can include:

• Denying your claim (and seeing if you’ll fight the denial)
• Intentionally undervaluing the financial cost of your losses
• Extending lowball settlements (which insurance companies often tell you are fair offers)
• Delaying the claims process
• Making it as difficult as possible for you to secure the compensation you deserve

Insurance companies are for-profit organizations, which is fine. However, insurers’ desire to maximize their profits can lead them to engage in unethical actions at the claimant’s expense. Your attorney will protect you from any such bad-faith tactics.

Holding Insurers Accountable for Their Policies

Nobody forces auto insurers to issue policies. They do so willingly. Therefore, there is no excuse for an insurance company to deny responsibility for accidents they’re contractually obligated to cover.

Your attorney will:

• Get copies of all insurance policies covering your accident
• Identify exactly how much compensation each insurance company owes you
• Identify any coverage limits and other policy details that apply to your claims
• Seek fair settlements from all liable insurers

Attorneys often deal with auto insurance providers. Rely on this experience as you pursue the money you deserve after a car accident.

A Car Accident Lawyer Does This for a Living. Trust Them and Their Team to Get Justice for You.

There should be no doubt about the benefits of hiring a car accident attorney. As someone who deserves compensation but may be unsure of how to acquire that compensation, choose to work with a lawyer because:

• Your attorney will save you from doubt, hesitation, and uncertainty: The stress of being in a car accident does not solely come from the accident itself. Rather, the uncertainty you face after the collision can be just as stressful. Your attorney will present a personalized, decisive case plan that removes the uncertainty from your post-accident reality.
• A lawyer will sue for you if that’s what you choose to do: Being able to file a lawsuit can improve your negotiating position. This is why insurance companies may feel like they have all the leverage when an accident victim does not have a lawyer. Simply retaining an attorney may prompt insurance companies to offer the compensation you deserve.
• A lawyer brings their team to your case, too: While your lawyer will be primarily responsible for your case, they’ll have help. Your law firm may also provide a case manager, paralegals, experts, and other personnel to contribute to your case.
• You can’t risk worsening your health after a car accident: Your health is arguably the most important reason to hire a car accident attorney. The more time you spend resting and healing, the more quickly you may recover. With a lawyer managing your case, that should mean more time for resting and healing.

Car accident attorneys lead cases like yours for a living. Let an experienced lawyer fight for your total financial recovery.

Read more: Do Most Car Accident Cases Go to Court?

The Cost of a Car Accident Extends Beyond Repair Costs and Medical Bills

Those injured in accidents tend to endure suffering beyond the cost of repairing a car. A typical array of damages for a car accident survivor is:

• Medical costs
• Pain and suffering
• Any treatment the survivor seeks for pain and suffering
• Lost income
• Vehicle repair costs
• Temporary transportation expenses

Every medical bill, a dollar of lost income, an ounce of pain and suffering, and other economic and non-economic damage will be part of your lawyer’s case.

You Don’t Have to Pay a Car Accident Lawyer Out of Your Pocket—Here Is Why

There is no upfront fee when you hire a Chandler personal injury lawyer. Your attorney will only receive their fee if they deliver compensation to you. There’s no reason to wait, so find your car accident attorney as soon as possible.

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