What happens during a car accident lawsuit?

Typically, you can expect a car accident lawsuit to go through the following stages after your initial consultation with a lawyer:

  • Initial investigation – An attorney will investigate your case and consult with experts to determine why the crash occurred, who should be held responsible, how much should be sought in damages and what insurance coverage is available to cover the damages.
  • Filing of a complaint – Once the investigation is complete, the lawyer will file a lawsuit, or complaint, in the proper court – typically, in the county where the accident occurred. The lawsuit will name the party from whom a recovery is sought such as the other driver involved in the crash. In some cases, multiple parties may be named in a lawsuit.
  • Discovery – After a lawsuit is filed, a formal information-gathering process can begin. This is called “discovery.” The parties may seek answers to questions (interrogatories) and request production of documents. They may also obtain sworn written statements (affidavits) or oral statements (depositions). A medical examination may also occur.
  • Settlement negotiations – At the proper time, your attorney will send a demand letter, or package, to the at-fault party’s insurance company. The demand will request a specific amount in damages. This typically will start settlement negotiations. If a full and fair settlement is reached, you will sign a document which releases the at-fault party from liability, or from being sued in the future.
  • Trial – If a settlement cannot be reached, the case will go to trial. Both sides will have the opportunity to present evidence. Then, the judge or jury will make its decision, or reach a “verdict.” If the verdict is in your favor, a decision will be made on how much you should receive in damages. The court will enter a judgment in that amount. In some cases, a party may admit liability. So, a trial will concern only damages.
  • Post-trial – After trial, either side may file motions or an appeal to a higher court. After those post-trial matters are resolved, additional legal action may need to be taken to collect the judgment.
  • Disbursement – The final stage in the case will be to disburse funds that are obtained through a verdict or settlement, including resolving any liens attached to your recovery and paying attorney fees. The amount you receive will be paid in a lump sum or in a structured schedule of payments.