After a car accident, you may expect the insurance company to cover your medical costs and damages. But that’s not always what happens. Some claims are denied or undervalued. Others involve serious injuries or complex fault disputes.
Hasbrook & Hasbrook Personal Injury Lawyers helps injured people across Oklahoma understand their rights. If an insurance settlement doesn’t happen, our experienced attorneys are ready to guide you through the full legal process. We make sure you have strong support, whether you’re seeking a fair settlement or taking your case to court.
When a Car Accident Turns Into a Lawsuit
Not every car accident claim leads to court. But some cases become lawsuits when there are problems with fault, coverage, or compensation. Here’s why that might happen.
Failed Insurance Negotiations
If the insurance company refuses to pay what your claim is worth, you may need to take legal action. When your medical costs, lost wages, and pain are ignored, your lawyer may send a demand letter. If that doesn’t lead to a reasonable settlement offer, a lawsuit is often the next step.
Disputes About Fault
In many cases, both drivers blame each other. When the at fault party denies responsibility, or the other driver’s insurance company refuses to cooperate, things get complicated. If police reports, witness testimony, or surveillance videos don’t clearly show what happened, a judge or jury may need to decide.
Serious Injuries or Damages
When a crash causes a severe injury, permanent disability, or major property damage, your losses may exceed what the policy covers. If you need ongoing medical care or support, a personal injury lawsuit might help you recover the full amount, especially when the insurance carrier doesn’t offer enough.
Step-by-Step Car Accident Lawsuit Process
If your car accident case moves beyond insurance claims, here’s how the legal process usually works in Oklahoma courts.
Step 1 – Consultation With a Car Accident Lawyer
You’ll start with a meeting where you explain how the accident occurred. Your personal injury lawyer will review details like the crash report, photos, and your medical records. They’ll also assess how the injuries affected your life and recommend whether to file a lawsuit.
Step 2 – Investigation and Gathering Evidence
- Police Reports: These documents describe what officers observed at the scene.
- Witness Statements: These are written or recorded accounts from people who saw the crash.
- Medical Records: These help prove the seriousness of your injuries.
- Photos and Surveillance Videos: Visual proof helps show damage and fault.
- Other Evidence: This could include license plate records, vehicle repairs, and phone records.
Step 3 – Filing the Complaint
Your lawyer will file a formal complaint in court. This document outlines the facts of the accident, names the at fault driver, and details the damages you’re seeking. It starts the official accident lawsuit process.
Step 4 – Serving the Defendant
The defendant must be officially notified about the lawsuit. They’ll receive the complaint through a process server, sheriff’s deputy, or certified mail. This ensures they are aware of the legal action being taken.
Step 5 – The Defendant Responds
The defendant’s lawyer will submit a written response. They might deny fault or challenge the amount you’re asking for. In some cases, they may file counterclaims or motions to dismiss the case.
Step 6 – Discovery Phase
During discovery, both sides exchange information. This includes witness lists, medical records, other evidence, and physical evidence. Depositions may also be taken, where each side questions the other under oath. The discovery process helps both sides prepare for trial or settlement.
Step 7 – Pre-Trial Motions and Settlement Talks
Before the trial, lawyers may file motions—such as asking the judge to exclude certain evidence. At the same time, they may continue settlement negotiations to avoid trial. In some cases, alternative dispute resolution like mediation may be used with a neutral third party.
Step 8 – Trial
If no agreement is reached, your case goes to a jury trial. Your lawyer presents your side using witness statements, closing arguments, and evidence. The other side does the same. A judge oversees the case and ensures both sides follow the law.
Step 9 – Verdict and Compensation
The jury decides whether the at fault party should pay and how much. If you win, the verdict outlines your car accident settlement, which may include payment for medical bills, pain, suffering, and other non-economic damages.
If you lose, your personal injury case may end—or be appealed to an appellate court.
How Long Does the Process Take?
The length of a car accident lawsuit depends on many things. If the case is simple and both sides cooperate, it might resolve in a few months. But if there are delays, disputes, or severe injuries, it could take more than a year.
Some of the time is spent gathering evidence and waiting on the court’s calendar. Other delays come from ongoing medical treatment, especially if doctors haven’t yet determined your long-term outcome. Your lawyer will want to wait until you reach “maximum medical improvement” so they can accurately value your damages.
Though it can feel slow, a complete case gives you the best chance at receiving fair compensation.
What Can Delay a Car Accident Lawsuit?
Many factors can slow down your case. Here are some common ones to be aware of:
Disputes Over Liability or Damages
When both sides argue over who was at fault or how bad the injuries are, the case often takes longer. The more disagreement, the more evidence and witness testimony is needed.
Medical Treatment Still Ongoing
If you’re still healing, your lawyer may wait to calculate final medical bills, lost wages, or long-term impacts. The financial impact of the crash isn’t always clear until your medical care is complete.
Court Scheduling Delays
Sometimes the delay is outside your control. Courts get busy, and your trial date might be pushed back due to other scheduled cases, judge availability, or rescheduled hearings.
Should You Settle or Go to Trial?
Most people want to avoid court. In fact, the vast majority of car accident lawsuits settle before trial. Settling can be faster, less stressful, and still give you fair results. However, if the insurance adjuster won’t offer enough or blames you unfairly, going to court may be the only way to protect your rights.
Your personal injury attorney will look at your case, explain your chances of winning at trial, and help you weigh the risks. If you can’t reach a fair deal, the court may give you a better outcome. But sometimes, an early settlement agreement saves time, money, and stress. Every case is different, and your lawyer will help you decide what’s best for your situation.
FAQs
1. Do I always need a court trial to get compensation after a car crash?
No. In fact, most car accident lawsuits settle before reaching a court trial. A strong negotiation process led by an experienced car accident attorney often results in fair compensation without needing to appear before a judge or jury. However, if the negligent party or their insurer refuses to settle, going to trial may be necessary.
2. How important is it to seek medical attention after a car crash?
It’s very important to seek medical attention right after a car crash, even if you feel okay. Some injuries may take time to appear, and delays in treatment can hurt both your health and your case. Courts and insurance companies may doubt your injuries if there’s no early treatment on record.
3. Can a private investigator be used in a car accident lawsuit?
Yes. A private investigator can be hired to gather extra evidence such as surveillance footage, locate witnesses, or uncover facts that support the injured party’s version of events. This can be especially helpful if fault is unclear or if the negligent party disputes your claim.
4. What role do immediate family members play in a car accident case?
Immediate family members may be asked to share how the injury affected your daily life, work, and emotional well-being. Their statements can help a jury understand how the injured party’s life changed because of the crash, especially when dealing with long-term pain or disabilities.
5. Who qualifies as an injury victim in a car accident case?
Injury victims include drivers, passengers, cyclists, or even pedestrians hurt in a car crash caused by someone else’s carelessness. If you suffered harm (physical, emotional, or financial) you may be able to pursue a case with the help of a car accident attorney.
Contact Our Car Accident Lawyer for a Free Consultation
If you’re thinking about filing a car accident lawsuit, you don’t have to figure it out alone. At Hasbrook & Hasbrook Personal Injury Lawyers, our team understands how these cases work and how to protect your future. We’ll review your case, explain your rights, and guide you through the steps.
We offer a free case evaluation, so there’s no cost to speak with us. We only get paid if we win for you. Our experienced attorneys know how to handle both simple and complex claims, whether they involve serious injuries or delayed insurance claims. Contact our law firm today, and let’s talk about how to get the justice you deserve.
