How Does a Car Accident Lawsuit Work?

Are you swimming in medical debt from a car accident? Is the offender trying to blame you for the accident?

Filing a car accident lawsuit is necessary, but you must do the following:

Deal with insurance carriers
Collect evidence
Find witnesses
Craft your legal case
Hire an attorney

Which task is the most important? Hiring an attorney is the most important factor.

They can help you with insurance, witnesses, and evidence. They’ll also make a compelling presentation in the courtroom so you don’t have to.

This article will highlight the necessary steps to begin a car accident civil case. Let’s explore.

Table of Contents

Contact an Attorney

Before filing a lawsuit, find the best car accident attorney available. You’ll want a lawyer who has the necessary experience to win your case.

Experienced lawyers are more expensive, but their expertise will be invaluable. Attorneys offering cheap services are usually inexperienced.

High-priced attorneys usually try to conclude a case as quickly as possible to avoid over-charging the client. Besides civil matters, attorneys will be helpful during insurance cases. When it comes to insurance matters, they can help you in two key ways:

They can talk to insurance reps so you don’t have to.
They can press insurance companies for higher payouts.

Insurance carriers tend to offer small payouts to victims. However, an attorney can tell you if the amount is sufficient.

Filing the Lawsuit

To file a lawsuit, you must draft paperwork that states your grievances. Your attorney can also help you with such matters as dismissals or refilings. If you’re dealing with dismissals or refilings in Georgia, check out athenslawyers.com for more information.

After noting your complaint and paying a fee, the court will notify the defendant through a court summons.

You have a limited timespan to file a car accident lawsuit. On average, most states will give you two years to file. You should file as soon as possible while your memory is fresh.

Over time, you may lose access to important evidence, and the court may question why you took so long to file.

That said, you still have time to gather enough evidence.

Car Accident Investigation

After filing the lawsuit, the insurance officer starts their investigation. This investigation involves reviewing the pieces of evidence, interview the other driver, and process the accident area.

The insurance officer also checks your background and the financial damages. Other pieces of evidence are used in this process.

Gather Evidence

The best car accident lawyers have the necessary resources to conduct an independent investigation.

The evidence-gathering process may entail:

Hiring a car accident recreation expert –

A car accident recreational expert is someone who explains the situation of the accident in court and makes a scene so that the judge and the jury members can easily understand the situation and make their judgment accordingly.
Finding witnesses –

Witnesses play a very important role in the trial as if there is a witness in your favor then the chances of winning the case will be increased.
Taking photos or video of the accident scene –

the photographs and videos are taken by the insurance company as a record of the accident and to check whether it looks like an accident or intentional. These videos will help you in strengthening your case.

If you have injuries, you should document your daily struggles. If you’re dealing with long-term pain, the court could award you pain-and-suffering damages.

The Pre-Trial Process

You will display your evidence during the pre-trial phase. During this phase, the defense may request a motion of dismissal. To fight for your case, present the evidence you gathered. If your evidence is hard and up to the point and if the defendant thinks that he will lose the case, then the defendant will go for settlement.

The Settlement Phase

If you present compelling evidence, the defense may be willing to offer a settlement to drop the case. The insurance companies may get involved and offer a settlement as well. If negotiations fall through, the civil trial is the next step forward.

Most of the cases get settled before the court as both parties like to negotiate on terms where it benefits both of them. It also saves their time and money as they don’t have to go to court for every hearing by leaving their work and meetings. If they don’t like to negotiate then there will be a trial in the court.

The Trial

During the trial, your case will be heard by a judge or jury. Your attorney will make your case in front of the jury, and you will receive award money if you win your case.

If you lose your case, you can appeal the decision. However, the defendant can still appeal the ruling if you win the case.