A car accident can leave you with injuries, medical bills, and lost wages. If another driver caused the crash, you may be able to seek compensation. But the legal process can feel overwhelming.
Hasbrook & Hasbrook Personal Injury Lawyers helps accident victims understand their rights. A car accident lawsuit follows specific steps, from gathering evidence to filing a personal injury lawsuit. Knowing what to expect can help you prepare and increase your chances of receiving a fair settlement.
Each step in the lawsuit process matters. From collecting evidence to dealing with the insurance company, every decision impacts the outcome. Legal action may be taken next if negotiations fail. A knowledgeable car accident attorney can fight for the fair compensation you deserve.
Step 1 – Seeking Medical Attention and Gathering Evidence
Getting medical care and collecting evidence right after a car accident is critical. Proper documentation strengthens your case and helps prove your injuries. Without strong evidence, the insurance company may deny your claim or offer a low settlement.
Importance of Medical Treatment
Even if injuries seem minor, seeing a doctor is essential. Some injuries, like whiplash or internal bleeding, do not show symptoms immediately. A medical evaluation ensures you receive the necessary care.
Medical records link your injuries to the accident. These documents are key in a personal injury lawsuit. Insurance companies often question claims without proper medical documentation. Delaying treatment can also make it harder to prove your injuries.
Medical bills and other healthcare costs should be saved. If a lawsuit is filed, these expenses can be included in the claim. Lost wages due to missed work may also be part of the case. Seeing a doctor immediately strengthens your claim and protects your health.
Collecting Evidence at the Scene
The more evidence you gather, the stronger your case will be. Key details to document include:
- Photos and videos: Take pictures of vehicle damage, injuries, road conditions, and traffic signals.
- Police report: Request a copy if officers respond to the scene. A police report provides an official record of the accident.
- Witness information: Get names and contact details from anyone who saw what happened.
- Other driver’s insurance companies: Write down their insurance details, driver’s license number, and contact information.
- Accident report: Some states require filing an official report after a crash. Check if this applies to your situation.
Strong evidence can help prove fault and support your claim. If an insurance company disputes your case, documentation can help secure fair compensation.
Step 2 – Consulting a Car Accident Lawyer
After seeking medical treatment and gathering evidence, the next step is to consult a car accident attorney. Legal guidance can help you avoid mistakes and maximize your compensation. Insurance companies often try to minimize payouts, so having an experienced attorney on your side can make a big difference.
When to Hire an Attorney
Hiring a personal injury lawyer early can protect your rights. Some cases seem simple but become complicated when the insurance company disputes fault or offers a low settlement. If you suffer serious injuries, medical expenses, or lost wages, a lawyer can fight for the full amount you deserve.
You should contact an attorney if:
- You have high medical bills or permanent injuries.
- The insurance company denies your claim or offers a low settlement.
- The other driver was uninsured or underinsured.
- You are unsure how the car accident lawsuit process works.
Waiting too long can hurt your case. Evidence can disappear, and most car accident lawsuits have legal deadlines. Speaking with a qualified car accident attorney early can improve your chances of a fair settlement.
Initial Case Evaluation
During the first meeting, the car accident attorney will review your case. They will examine medical records, the police report, and other key evidence. This helps determine if you have a strong personal injury case.
The lawyer will also explain:
- How the car accident claims process works.
- The role of the insurance company in settlement negotiations.
- Whether filing a personal injury lawsuit is needed.
- The estimated value of your case, including medical expenses and lost wages.
Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win. This makes legal help accessible, even if you cannot afford attorney fees upfront.
An attorney can handle all negotiations, ensuring that the insurance company does not pressure you into accepting less than you deserve. If negotiations fail, they can guide you through the lawsuit process.
Step 3 – Filing an Insurance Claim
Once you have received medical care and consulted an attorney, the next step is filing an insurance claim. The insurance company will review your case, including your injuries, medical bills, and vehicle damage.
Dealing with Insurance Companies
Insurance companies focus on minimizing payouts. They may argue that your injuries are not serious or that you were partially at fault. The other driver’s insurance company may try to delay or deny your claim.
To strengthen your case:
- Provide medical records, police reports, and photos as evidence.
- Keep track of medical expenses, repair costs, and lost wages.
- Avoid giving recorded statements without legal advice.
A personal injury lawyer can handle communication with the insurance company and fight for a fair settlement. If negotiations fail, the next step may be filing a personal injury lawsuit.
Settlement Negotiations
The car accident settlement process involves back-and-forth negotiations. The insurance company may offer a low amount at first, expecting you to settle quickly. Accepting too soon can leave you with unpaid medical bills and lost wages.
Your lawyer will:
- Review the insurance coverage to determine the maximum payout.
- Calculate damages, including medical expenses, property damage, and pain and suffering.
- Negotiate aggressively to secure fair compensation.
If the insurer refuses to offer a fair settlement, the next step is filing a lawsuit. Many cases settle before trial, but preparing for legal action ensures you are not forced to accept less than you deserve.
Step 4 – Filing a Lawsuit If Settlement Fails
If negotiations with the insurance company do not result in a fair settlement, the next step is filing a lawsuit. Some car accident cases require legal action when the insurer refuses to pay full compensation for medical expenses, lost wages, and other damages.
When a Lawsuit Becomes Necessary
A lawsuit is usually necessary when the insurance company denies liability, undervalues your claim, or refuses to pay for damages. If the other driver’s insurance company disputes fault, filing a lawsuit can help establish responsibility through evidence like police reports, medical records, and witness testimony.
Another reason to file is when injuries are severe, requiring long-term medical care and rehabilitation. If an insurance claim does not cover ongoing medical expenses, legal action may be the only way to secure the compensation needed. A personal injury lawsuit also allows victims to recover damages for pain and suffering, which insurers often overlook in settlement offers.
Lawsuits are subject to strict legal deadlines. Waiting too long can result in losing the right to file. Consulting with a car accident attorney early ensures that all deadlines are met and the case is properly prepared.
How a Lawsuit Is Filed
The lawsuit process starts when an accomplished car accident attorney files a legal complaint in court. This document outlines the details of the car crash, the injuries suffered, and the compensation being sought. Once filed, the defendant, usually the at-fault driver and their insurance company, receives notice of the lawsuit.
After receiving the complaint, the defendant has a set time to respond. They may admit fault, deny the claims, or file motions to dismiss the case. If no agreement is reached, the case moves forward in the legal system.
From this point, the case enters the pre-trial process, which includes gathering more evidence and preparing for settlement discussions or trial. The strength of the case depends on solid medical records, documented property damage, and proof of lost wages. A well-prepared lawsuit increases the chances of a successful outcome, whether through settlement or court judgment.
Step 5 – The Pre-Trial Process
Once a car accident lawsuit is filed, the case moves into the pre-trial process. This stage involves gathering more evidence, reviewing legal arguments, and negotiating potential settlements. Most car accident cases do not go to trial, as both sides often agree to a settlement before reaching court.
This step is critical in building a strong case. A capable attorney will use medical records, accident reports, and witness statements to prove liability and the extent of damages. If the insurance company does not offer a fair settlement, the case proceeds to trial.
Discovery Phase
During discovery, both sides exchange information and gather evidence. This process allows each party to understand the strengths and weaknesses of the case. Attorneys request documents, take witness statements, and review police reports and medical records.
Depositions may be conducted where witnesses and experts provide sworn statements. The opposing party may also request a medical examination to evaluate the injuries. Every piece of evidence is examined to support or challenge the claim.
Discovery plays a key role in the lawsuit process. Strong evidence can pressure the insurance company to settle rather than risk an unfavorable court ruling. If a settlement is not reached, the case moves to mediation or trial preparation.
Mediation and Settlement Discussions
Mediation is a common step before trial. A neutral third party, called a mediator, helps both sides negotiate. The goal is to reach a fair settlement without going to court. If successful, mediation can save time and legal costs.
If mediation fails, settlement discussions may continue between attorneys. The car accident settlement process often involves back-and-forth negotiations. The insurance company may offer a higher amount after reviewing new evidence.
A personal injury lawyer ensures that settlement offers cover all damages, including medical expenses, lost wages, and property damage. If no agreement is reached, the case proceeds to trial, where a judge or jury will determine the outcome.
Step 6 – Going to Trial
If settlement negotiations fail, the car accident lawsuit process moves to trial. At this stage, a proficient car accident attorney presents evidence, questions witnesses, and argues for the maximum possible recovery.
What Happens in Court?
The trial begins with opening statements. Each side presents its version of the accident and the damages suffered. The plaintiff, or injured party, must prove that the defendant was responsible for the crash and that the damages claimed are justified.
Witnesses, including accident reconstruction experts and medical professionals, may testify. Attorneys present police reports, medical records, and other evidence to support their case. The other driver’s insurance company may also bring in their experts to challenge the claims.
After all evidence is presented, both sides give closing arguments. The judge or jury then reviews the case and decides the verdict. The final decision will determine whether the plaintiff receives compensation and how much the defendant must pay.
Verdict and Compensation
If the court rules in favor of the injured party, the defendant must pay damages. The amount awarded depends on the severity of injuries, total medical bills, the impact on daily life, and the extent of property damage. Compensation may include payment for past and future medical expenses, lost earning potential, and emotional distress.
If the court rules against the plaintiff, they do not receive compensation. In some cases, an appeal may be possible. An experienced attorney can review the trial outcome and determine if appealing the decision is the right option.
Winning a lawsuit does not always mean immediate payment. If the defendant or their insurance company delays or refuses to pay, legal action may be needed to enforce the verdict. Working with a car accident attorney ensures that all possible options are explored to collect the compensation awarded.
Step 7 – After the Lawsuit
There are a couple of final steps in the car accident lawsuit process once a verdict is reached. A reliable attorney can help ensure the car accident settlement process is completed properly and that the compensation awarded is collected.
Collecting a Settlement or Verdict Payment
If the case ends with a car accident settlement, the insurance company typically issues payment within a few weeks. However, if the court orders the defendant to pay, the process may take longer. Some defendants delay payment, requiring further legal action.
In some cases, structured settlements are arranged, where payments are made over time rather than in a lump sum. If the defendant refuses to pay, the court may enforce the judgment through wage garnishment, asset seizure, or other legal methods. An experienced car accident attorney ensures that the compensation is properly collected and that all legal avenues are pursued if payment is delayed.
What If You Lose the Case?
Losing a personal injury lawsuit does not always mean the case is over. Depending on the circumstances, an appeal may be an option. If legal errors occur during the trial, an appellate court can review the case and potentially overturn the decision.
If an appeal is not possible, other financial options may be considered. Some medical bills can be negotiated or reduced, and payment plans may be available for outstanding expenses. If medical expenses and lost wages create financial hardship, consulting with a legal or financial professional can help explore other solutions.
A competent attorney can review the case outcome and determine whether further action is needed. Even after a loss, understanding legal options can help accident victims move forward.
FAQs
How does a car accident settlement work?
A car accident settlement is an agreement between the injured party and the insurance company to resolve the claim without going to trial. The process involves submitting evidence, negotiating the settlement amount, and finalizing payment. If both sides agree, the insurer issues compensation for medical expenses, lost wages, and property damage.
How long does a car accident lawsuit take?
The timeline depends on factors like injury severity, evidence collection, and whether a settlement is reached. Some cases settle in weeks, while others take months or even years if they go to trial. A personal injury lawyer can speed up the process by handling negotiations and legal filings efficiently.
What if the other driver claims I caused the accident?
If the other driver disputes fault, the case may require more evidence, such as police reports, witness statements, and accident reconstruction experts. Proving when and how the accident occurred can impact liability and compensation. A seasoned attorney can gather evidence and defend your claim.
Will my case go to trial if I file a lawsuit?
Not all lawsuits go to trial. Many car accident cases are settled before reaching court through negotiations or mediation. However, if the insurance company refuses to offer a fair settlement, trial may be necessary. A strong case increases the chances of a favorable settlement without court intervention.
What damages can I recover in a car accident lawsuit?
Compensation typically includes medical bills, lost wages, property damage, and pain and suffering. If the accident caused long-term disability or emotional distress, additional damages may apply. The final amount depends on how the car accident settlement process unfolds and the strength of the evidence presented.
Call Our Oklahoma Car Accident Lawyer for a Free Case Consultation
If you were injured in a car accident, you may be entitled to compensation for medical expenses, lost wages, and other damages. Dealing with the insurance company can be challenging, and accepting a low offer could leave you paying out of pocket for costs related to the crash.
Hasbrook & Hasbrook Personal Injury Lawyers have years of experience handling car accident cases. Our team knows how to make the car accident settlement process work in your favor. We fight to ensure you receive a fair settlement that covers all of your losses.
Time limits apply to filing a personal injury lawsuit, so taking action quickly is important. Call today for a free consultation. An experienced car accident attorney will review your case, answer your questions, and help you take the next steps toward securing the compensation you deserve.