Most car accident claims never see the inside of a courtroom. 95% of claims are settled out of court through negotiations with insurance companies. However, some situations necessitate going to court.
Understanding the car accident lawsuit process can help you prepare for what lies ahead and how to make informed decisions about your case.
When Can a Car Accident Claim Go to Court?
Quite often, a car accident claim ends up in court when both sides cannot agree on who was at fault. Other times, the disagreement is about the value of the claim, which arises in cases of serious and long-lasting injuries.
Insurance companies may sometimes also outright deny the claim or act in bad faith, forcing victims to pursue legal action. If negotiations fail, then filing a lawsuit becomes the next step.
Hiring a Car Accident Attorney
Once it becomes clear that your case might go to court, it is best to hire an experienced car accident attorney. Going through the legal system alone can be very challenging when you are not familiar with the ins and outs of the law.
A lawyer will:
- Handle the paperwork
- Collect and present evidence
- Communicate with insurance companies
- Represent you in court
Their job is to build a strong case that supports your claim and maximizes your chances of getting a favorable outcome.
Filing a Lawsuit
Taking your claim to court officially begins with filing a complaint in civil court. This legal document outlines your version of events, identifies the defendant (the at-fault driver), and details the compensation you are seeking.
The complaint must be filed within the timeframe as per the statute of limitations, which is often two years from the date of the accident. Once the complaint is filed, the defendant is served with a summons and given the chance to respond.
The Discovery Phase
After the lawsuit is filed, both sides enter the discovery phase. This is where each party exchanges information and evidence related to the case. Discovery may involve written questions (interrogatories), document requests, and depositions where witnesses provide sworn testimony.
Medical records, accident reports, and expert opinions are often reviewed during this phase. The goal is to ensure that both sides can access the facts before going to trial.
Pre-Trial Motions and Settlement Talks
Even after a lawsuit is filed, settlement discussions continue. In many cases, the pressure of a trial motivates both parties to reach an agreement. Sometimes, a judge may encourage mediation or alternative dispute resolution.
At the same time, either side may file pre-trial motions like a motion to dismiss or a motion for summary judgment, which asks the court to decide the case based on evidence without a trial.
The Trial Process
If no settlement is reached, the case goes to trial. This can be a bench trial, which is done before a judge or a jury is selected. The trial begins with opening statements from both sides, followed by the presentation of evidence.
Witnesses may be called to testify, and each side will be given a chance to cross-examine them. After both sides present their arguments, closing statements are made. The judge or jury deliberates, and a verdict is delivered.
The Verdict and Possible Appeals
If you win the case, the court will award you damages. The compensation covers medical bills, lost income, property damage, and pain and suffering. However, the losing party can appeal the decision. This could potentially delay the final resolution of your case.
Final Thoughts
Taking a car accident claim to court can be a lengthy and complex process. While the court is not the first step for most accident victims, it is important to understand how the legal process works so that when the time comes, you can pursue justice confidently.