What Happens When You Take a Car Accident Claim to Court?

Most car accident cases settle with either the insurance company or through settlement negotiations with a personal injury adjuster. The legal process is slow and expensive, and settlement negotiations often achieve the same result for a much lower cost.

When there’s a dispute over an important fact, such as who is at fault for the accident or whether the at-fault driver’s actions were the true cause of your injuries, things can get more difficult to resolve through negotiations. Sometimes, you need to take your case to trial.

If you decide to file a personal injury lawsuit, having an attorney’s assistance to ensure you get the best settlement or trial award possible is a smart move. An expert in this type of law is a powerful advocate in your corner.

In this article, we’ll discuss the different stages where you might benefit from having an attorney’s guidance, including taking your car accident claim to court. If you’ve been in an accident and think you might need to pursue legal action, speak with a local personal injury attorney who is experienced in car accident cases.

Before You Take Legal Action

After an accident, we’ve been conditioned to think that suing someone is the only way to get relief. Before heading to court to pursue a car accident settlement, there are other required steps to be taken. This includes filing an insurance claim according to your insurer’s requirements and your state laws.

At this stage, most car accident victims do not need an attorney to assist with their accident case. If you’re uncertain or confused by the paperwork, having an attorney review your claim and ensure you’ve completed all the documents properly can save a lot of headaches down the road. Insurers deny many insurance claims because of incomplete forms or inadequate documentation.

An attorney can check that you have:

• Filed with the correct insurance company
• Included all the requested documentation
• Completed and signed all forms

In a no-fault state, you’ll generally file with your own insurance company first. There might be some circumstances where you’ll need to file a third-party claim. In an at-fault state, you file with the other driver’s insurance company. You’ll need a copy of the police report. While this should be readily available, consider speaking with an attorney if you experience any difficulties.

When You Receive a Settlement Offer

When you receive the first settlement offer, you should ask an attorney to review the offer and settlement agreement before you sign. A fair settlement offer should encompass all your economic and non-economic damages. Fixing your vehicle may not be the only issue you’re experiencing from the accident, so keep the following in mind:

• Economic damages include costs like medical expenses and lost wages
• Non-economic damages are less quantifiable costs, like emotional distress and pain and suffering

It would be wonderful if insurance companies always gave you fair compensation for your claim, but that doesn’t always happen. Sometimes the insurance company gives you just enough to cover your medical bills. In other cases, the other party’s insurance may not cover all your costs, and you’ll need to bring another party into the claim.

Besides ensuring the settlement amount is fair, you should have an attorney review the terms of the settlement agreement. You need to be certain you are not waiving important legal rights or admitting any fault in the case.

Statutes of Limitations and Other Legal Issues

All states limit how long you have to file a legal claim in a personal injury case. These statutes of limitations vary from state to state and depend on the type of claim you file. A personal injury claim may have a statute of three years, but a wrongful death claim may have only two years.

State statutes of limitation range from two to four years for a car accident case, with three years as the average. If you don’t file your claim by the deadline, you cannot sue and will be unable to receive any damages in your case.

If you have a case against a government entity, the law may require you to take action even sooner. The time frame varies by state and the type of government entity. Some require notice within six months, while others require a filing in as little as 30 to 90 days. This notice must happen before you file a personal injury claim. If your injury involves a public vehicle, you should contact an attorney right away.

Do You Need a Personal Injury Attorney?

You can file a court case without an attorney. Filing pro se (for yourself) has a long history. Whether you should do so depends on the nature of the claim and how complicated the case may be. If you’re filing a lawsuit against someone, it’s probably a good idea to hire a personal injury lawyer to represent you.

Although filing a case without an attorney is possible, doing so will likely put you at a big disadvantage. It’s in your best interest to have an experienced attorney handle your case so you can recover the maximum amount of money you deserve. Insurance companies have attorneys, and the individual you sue will probably hire someone to defend them.

Filing a Car Accident Case

Unlike a simple insurance claim, a legal claim has several steps you must complete in the right order before your case reaches court. If you miss any of these steps or miss the filing deadlines, your car accident lawsuit is over.

The Complaint

To begin your case, either you or your attorney must file a complaint. The complaint must contain the names of the parties involved in your case. You can sometimes add parties later (known as “joinder”), but usually you can only sue the parties named in your complaint. Having an attorney write or review your complaint helps ensure you include all parties in the case.

The complaint must also explain the reason you are suing in the particular court, such as serious injuries suffered in a car crash. Only courts with legal jurisdiction can hear your case. If you file in the wrong court, the judge may dismiss your case.

The complaint must include a summary of your legal claims and supporting facts. If you’re not confident about knowing the legal grounds for a lawsuit, consider getting an attorney’s help with this section.

Alleging that the other driver was negligent and responsible for the accident requires your complaint to explain the legal basis for this claim. It could be anything from running a red light, texting while driving, or failing to yield the right of way. You’ll need to include the facts that support your negligence claim, such as witness statements, traffic citations issued, or physical evidence from the scene.

The complaint must also contain a “demand for relief” or judgment that corrects the error. Without this demand, the judge may dismiss your complaint for a failure to state a claim for relief.

Requests for punitive damages typically must be included in your initial complaint, although some states have specific procedural rules regarding them. Punitive damages are meant to punish the defendant for unusually negligent or reckless behavior. You also cannot ask for things like legal fees or court costs unless your state allows you to request them.

The Discovery Process

After you file the complaint, you must have it sent or “served” on the other party. Attorneys usually have process servers who perform this task.

The other party must respond to the complaint within a set period of time, usually 30 days from the date of service. They file an answer with the court, in which they may admit to or deny your allegations. They will also begin the discovery process. In the discovery phase, both sides are focused on fact-finding. The opposing counsel sends you a series of documents called “interrogatories.” Interrogatories are lists of questions that you must answer under penalty of perjury. You have the right to send your own interrogatories to the other party.

Discovery may also include depositions. During a deposition, both parties ask a witness questions under oath, similar to a trial. Attorneys record deposition testimony for later use in developing interrogatories or trial questions.

A “request for production of documents” gathers written evidence that each side needs but does not have. For instance, you might need the other driver’s vehicle maintenance records to help establish your claim that their brakes hadn’t been replaced for over 10 years. Other documents can include:

• Medical records
• Police records
• Photos of the accident scene

The discovery process is often daunting for people who aren’t lawyers and is used by opposing attorneys to rattle plaintiffs. Having an attorney review all discovery questions and responses to be sure the other side is asking allowable questions can avoid a potential mistake that could submarine your claim.

What Happens at a Car Accident Trial?

The goal of a civil case is to make the victim “whole,” not to assess the guilt or innocence of the defendant. In most car accident trials, the judge or jury must resolve disputes over the facts of the case, such as:

• What caused the accident?
• Who is liable?
• What were the actual damages?

Like any other personal injury case, the plaintiff must show that the defendant owed some kind of duty of care, breached that duty, and the breach caused the plaintiff harm.

A civil trial follows these steps:

• Jury selection: Depending on the state, a civil trial can have as few as six jurors. Usually, the attorneys decide between themselves whether they want six or 12 jurors, or if they want the judge to decide the case in a bench trial.
• Opening statements: Each party makes an initial statement, explaining what the case is about and the evidence they will present. This lets the judge and/or the jury know what to expect.
• Witness testimony: Each side calls its witnesses and asks for their testimony. You have the right to cross-examine the other side’s witnesses. It’s necessary to have witnesses, but each one can strengthen your claim.
• Presentation of evidence: You must present evidence that shows why you should receive the award you requested in your complaint. The other side can challenge your evidence or present their own evidence contradicting your claims.
• Closing arguments: At the end of the trial, both sides sum up their arguments and restate their claims. This is the last opportunity to win over a judge or a jury.

In a trial, you may ask for economic damages, such as medical bills and lost wages, and non-economic damages, like pain and suffering. Depending on your state laws, the court may address punitive damages during the trial. If there is a jury, jury deliberations may take hours or days. In a bench trial, the judge may rule immediately or issue a ruling days or weeks later.

After the Trial

After the trial, several things can happen. You may receive the award you requested, or something close to it. In most cases, the court bases the award on the request in your complaint, plus the evidence you presented in the trial.

If either party does not agree with the amount of the award, they have the right to appeal the judge or jury’s decision. Preserving your right to appeal is one of the most important reasons to consult an attorney during a car insurance case.

Get Legal Advice From a Car Accident Attorney

Filing a car accident lawsuit is a complex process. You must complete all the steps properly to get the amount of compensation you deserve after your accident. To ensure you get everything right, speak with an experienced car accident lawyer after your auto accident. They can help you review your options and give you the best advice on how to proceed.