Were you in an accident? Auto collisions can be traumatizing in more ways than one. While no amount of money can right the wrong of another person’s negligence, compensation can help you overcome the financial crisis resulting from lost wages, property damage, enormous medical bills, and more.
To help you know what to expect, we have put together a general overview of the car accident lawsuit process. Every case will differ depending on unique circumstances, and our team at Lam Law Firm is here to provide personalized guidance and recommendations. Contact us today if you are ready to learn more about what we can do for you.
1. Preparing for Your Case
Many don’t realize that the lawsuit process begins long before a plaintiff files a claim. When you get into an accident, the steps you take immediately afterward can make or break your case. With diligence, care, and assistance from a qualified attorney, you can significantly improve your chances of obtaining the compensation you deserve.
2. Filing a Claim with Your Insurer
When you file your claim, your insurance company will investigate the accident and make a decision based on the evidence you included. It will likely make a settlement offer, and you can continue to negotiate by making counteroffers and submitting additional evidence. If you accept the insurer’s settlement, you waive your right to file a civil lawsuit.
3. Filing a Civil Lawsuit
If your insurer denies your claim or offers a settlement that does not cover what you believe you deserve, you will need to file a civil lawsuit. The defendant will typically have one month to respond, and they may respond by filing a motion to dismiss the case. The judge will either accept the dismissal or move forward with the case.
The discovery process begins once the judge approves the case. Both parties will be able to request and submit evidence, which typically influences the decision of whether to settle or go to trial. This process typically takes a few months at the very least.
The defendant’s insurer may offer a settlement as a way to avoid a trial. You can submit a counteroffer or simply deny their settlement.
If parties cannot agree on a settlement, the case will go to trial. Both parties will present their evidence, and the judge will make an ultimate decision. For car accidents, the trial process typically takes 1-2 days.
Some parties may be able to appeal a decision, and this could add multiple years to the case.
This is a general timeline of the car accident lawsuit process, and your case may contain fewer or additional steps. Most car accident cases take roughly a year or longer to complete. Ultimately, you will need the insight and knowledge of an experienced attorney to understand what you should expect from your case.
Let’s Begin Your Process Today
The car accident lawsuit process can be arduous, but Lam Law Firm can greatly reduce the stress of your situation. We can answer all your questions, address your concerns, and help you understand everything you need to know before making a decision. Our founding attorney has years of experience and looks forward to putting her skills to work for you.