The 3 Stages of Your Car Accident Lawsuit

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Personal injuryā€Ælawsuitsā€Æinvolve a variety of stages, steps, and procedures to get fromā€Æcar crashā€Æto compensation, and they can take anywhere from a few months to a few years to settle. If youā€™ve been in anā€Æauto accident, itā€™s essential to understand the stages in a typical injury lawsuit.ā€Æ 

Because injury litigation requires specialized knowledge and experience, itā€™s in your best interest to work with anā€Æexperiencedā€Æcar accident attorney.ā€ÆThat way, you can focus on your health and improve your chances of recovering the full compensation that you deserve.ā€Æ 

In this article, weā€™ll walk you through the three main phases of aā€Æcar accident lawsuitā€Æso that you know what to expect from the legal process following your claim. 

1. Pre-Litigation: Building Your Case and Negotiating With the Insurance Company 

In most injury claims, you wonā€™t immediately file a lawsuit. Instead, you and your attorney will investigate your crash and collect facts and documents that support your allegations. Sometimes called the pre-litigation or pre-suit phase, this early stage is essential to a well-developed injury claim. 

It involves a series of steps, including: 

Initial Evaluationā€ÆWith a Personal Injury Lawyer 

At the start of any case, you will have an initial consultation with yourā€Æauto accidentā€Æattorney. During this meeting, you will discuss the details of your case and determine whether you have a validā€Æpersonal injuryā€Æclaim.ā€Æ 

Expect the lawyer to ask you a lot of questions, and don’t be afraid to ask questions of your own! Detailed questions about the process, whetherā€Æyourā€Æcar accidentā€Ælawyerā€Æhas taken similar cases to trial (and how they went), and other matters are welcome. Remember, this time is not just for your lawyer to get to know you andā€Æyourā€Æcar accidentā€Æcase, but also for you to determine whether the lawyer is good fit for your needs, too. 

Mostā€Æpersonalā€Æinjuryā€Ælawyers, including those at Crosley Law, will conduct this initial case evaluation free of charge. 

Documentationā€Æand Calculation of Damagesā€Æ 

One of the first things your attorney will do is ask for yourā€Æmedical recordsā€Æand history so that they can understand the extent of the physical, emotional, and psychological injuries you suffered from the crash. Your lawyer may also ask you for copies of yourā€Æmedicalā€Æbillsā€Æassociated with the crash.ā€Æ 

Your potential compensation may include not onlyā€Æeconomic damagesā€Æ(like existing and projected futureā€Æmedical expenses,ā€Æproperty damage, andā€Ælost wages), but also non-economic damagesā€Ælikeā€Æpain and suffering, loss of enjoyment of life, and other intangible losses. 

Once your attorney has documented the extent of the crashā€™s physical, psychological, and financial impact, they will have an estimate of yourā€Ætotal damagesā€Æandā€Æamount of compensationā€Æyou could be entitled to. 

Crash and Negligence Investigation 

In addition to collectingā€Æmedical treatmentā€Ærecords, your attorney may also investigate theā€Æaccidentā€Æscene, obtain copies ofā€Æpolice reports, and interview witnesses. They may also evaluate the condition of the other vehicle and pull the negligent party’s driving or mobile phone records. All this data will help prove that theā€Æat-fault driverā€Æwas negligent and caused your wreck and injuries. 

RELATED ARTICLE:ā€ÆUnderstanding Negligence in Yourā€ÆPersonal Injuryā€ÆClaim 

Consultation With Experts 

Consulting with experts is essential to developing a strong case. Experiencedā€Æcar accident attorneysā€Æbuild networks of experts who can be called upon to consult on specific matters. This network may include:ā€Æ 

  • Physicians and medical specialists 
  • Accident reconstruction experts 
  • Engineers and scientists 
  • Mechanics 
  • Economists 
  • Life care planners 

ā€ÆInsurance Companyā€ÆNegotiationā€Æ 

Your attorney will negotiate withā€Æinsurance adjustersā€Æin an attempt to resolve your case without a lawsuit. 

In most cases, these discussions will be with theā€Æat-faultā€Ædriver’sā€Æinsurance company. However, if the driver was uninsured, or theā€Æpolicy limitsā€Æof theirā€Æliability insuranceā€Æare insufficient to cover your damages, you may also (or additionally) need to make a claim against your ownā€Æautoā€Æinsuranceā€Æcompany, provided you bought uninsured andā€Æunderinsured motoristā€Æ(UM/UIM) coverage as part of yourā€Æinsurance policy. 

Manyā€Æinsurance claimsā€Æsettle out of court after intense negotiation. However, if theā€Æinsurance companiesā€Ærefuse to offer a fair settlement, the claim often will progress to a lawsuit. 

2. Litigation: Filing a Lawsuit and Preparing for Trial 

At this stage, you formally file a lawsuit against the at-fault parties and the court becomes involved. While settlement negotiations will continue, you and your lawyer will have to follow the courtā€™s procedural rules and prepare for trial. 

Filing aā€ÆLawsuitā€Æ 

When you file a lawsuit, you must provide the court with a written complaint and other paperwork, pay a filing fee, and serve your papers on the other party. While you can file a lawsuit on your own, mostā€Æaccident victimsā€Ædecide to work with an experiencedā€Æinjury lawyer, since itā€™s easy to make mistakes that can result in lost compensation or even outright dismissal of the case. 

RELATED: What Is a Lawsuit and How Does It Fit Into My Personal Injury Claim? 

Discoveryā€Æ 

Discovery is a formal process, where the parties to a lawsuit share documents, evidence, and other information with each other. Although it might seem odd to have to share information with the “other side,” to prepare for a potential trial both parties have aā€Ælegal rightā€Æto all the information and evidence that may be considered. 

Your attorney will ask questions and request documents from the opposing lawyers, who will do the same in return. You may have to answer a written series of questions from the defendant, called interrogatories.ā€Æ 

Broadly speaking, during the discovery process all parties have wide latitude to obtain information relevant (even slightly) to the case, although certain privileged information or conversations (such as those between theā€Æaccident victimā€Æand their attorney, spouse, doctor, or religious advisor) can be kept confidential. 

Depositionā€ÆTestimonyā€Æ 

While your attorney will collect witness and expert opinions during the pre-litigation phase, this step of litigation involves a more formal presentation of those testimonies, called a deposition. Depositions are statements taken under oath and can be given by witnesses to the crash (including yourself), the investigating police officer, or any experts who consulted on your case. A court reporter will transcribe each personā€™s testimony, which can be presented at trial, if necessary. 

It’s normal to feel anxious about being deposed by the opposition attorney. Remember that your own attorney will prepare you before the deposition, and be in the room to protect you from any inappropriate questions asked by the defense. In most cases, it’s good practice to stick to short, accurate answers and not to supply any additional information in your response beyond what was asked. If you aren’t sure about an answer, take your time and don’t be afraid to say, “I don’t know” or “I don’t remember,” rather than making a guess about what happened. 

RELATED:Ā What Should I Expect If I Have to Give a Deposition?

Mediation and Settlementā€ÆNegotiationsā€Æ 

Lawsuits involve a level of risk; no matter how well prepared you are, juries will sometimes surprise you. This is why injury attorneys often try to settle cases out of court through mediation.ā€Æ 

Mediation is a form of alternative dispute resolution where the parties to a lawsuit negotiate with help from a neutral, specially trained party (called a mediator). ā€ÆThe mediator tries to help you find common ground and agree on a settlement amount. If the parties cannot negotiate a fair settlement, your case goes to trial. 

These conversations are more informal than depositions and happen off the record.ā€Æ 

RELATED ARTICLE:ā€ÆCrosley Law Uses Advanced Mediation Tactics to Settle Cases 

3. Trial and Appeal: Presenting Your Case to a Jury and Judges 

Mostā€Æpersonal injuryā€Æcasesā€Æcan be resolved before reaching the trial stage. But sometimes it is necessary to take a case to court to get the full compensation you deserve. 

Trial Court 

While it is unusual that an injury case makes it all the way to trial, when the case does go to trial is it likely to be a jury trial, where a group of your peers listens to each sideā€™s arguments and evidence. Based on the facts and law, the jury will then issue a verdict. Your trial might last a few days or a few weeks, as both sides present the evidence, facts, and witness testimony to the judge and jury. If the jury rules in your favor, the trial process is over.ā€Æ 

If you and your attorney believe that the court made a legal error, you may be able to file an appeal or use other procedural methods to challenge the decision. 

Court of Appeals 

An appeal is a request that a higher court review your case. You cannot file an appeal unless the court made a serious error, such as applying the wrong law to your case. If you have grounds for an appeal, you can file with an appellate court.ā€Æ 

If you lose the first appeal, you can ask the Texas Supreme Court to review your claim, but it may reject your request. The appeal process is highly complex and involves a variety of possible outcomes and may take more than a year to complete. 

Crosley Law: Guiding Our Clients Through Their Complex Injury Claims 

At Crosley Law, ourā€Æpersonal injuryā€Æattorneysā€Æwork with clients at every step of the lawsuit process. We go above and beyond to ensure that our clientsā€™ needs are taken care of during and even after the case. 

Given the complexity of theā€Æcar accident claimā€Æand litigation process, it’s always a wise course of action to speak with anā€Æexperienced attorneyā€Æas soon as possible. In Texas, theā€Æstatute of limitationsā€Æto file a lawsuit against aā€Ænegligent driverā€Æafter aā€Æmotor vehicle accidentā€Æis two years. Considering how much work needs to be done in the pre-litigation phase before a lawsuit can even be filed, you are strongly encouraged to begin the process as early as you can. 

Want to learn more about how ourā€Ælaw firmā€Æworks to get clients and theirā€Æloved onesā€Æthe compensation they deserve after aā€Æcar accident injuryā€”whether through a fairā€Æsettlement offer, or a jury verdict at trial? Check out ourā€ÆClient Storiesā€Æor contact us today. 

Call atā€Æ210-LAW-3000 | 210-529-3000ā€Æor complete ourā€Æonline contact formā€Æto schedule aā€Æfree consultation. 

The contentā€Æprovided here isā€Æfor informational purposes only and should not be construed as legal advice on any subject.