Suffered a car accident and not sure what’s next?
In the United States, more than 5.9 million crashes happen every year. So, if you’re dealing with serious injuries and high bills, you might be in the market for a lawsuit.
However…
Here’s the problem.
Car accident lawsuits are such a mystery to most people. You think they’re just full of sensational TV court drama. The thing is, reality is a lot more complex.
Here’s what you’ll learn:
- What Is a Car Accident Lawsuit?
- The 6 Key Stages of Your Lawsuit
- How Long a Lawsuit Actually Takes
- What to Know Before Starting
What Is a Car Accident Lawsuit?
If your damages are more than what your insurance will cover, your only option might be a car accident lawsuit.
Let’s face it — insurance companies aren’t in the business of giving out money. They’ll underpay you or deny your claim every time. In these instances, your only recourse is to file a lawsuit.
But there’s a little secret here you should know…
In fact, 95% of personal injury cases settle before they even make it to trial. So, most of your “lawsuit” will be spent negotiating, not arguing in front of a jury.
The 6 Key Stages of Your Car Accident Lawsuit
Now, that you know what a lawsuit is. Let’s talk about how it all works. Here’s what you need to know when it comes to pursuing legal action from your car accident.
Stage 1: Filing the Complaint
The process begins when your lawyer files a “complaint” with the court. This document explains what happened, who is at fault, and the amount of damages you are seeking.
The defendant is “served” with this complaint and they have about 30 days to “answer” with their side of the story.
Stage 2: The Answer and Discovery
The defendant files an answer with their version of events and then we enter the discovery phase. Discovery is when both parties exchange evidence, like:
- Depositions: Sworn testimonies from witnesses
- Document requests: Medical records, police reports, photos, etc.
- Interrogatories: Written questions the other party must answer under oath
Discovery can take months and it’s when most cases are won or lost.
Stage 3: Settlement Negotiations
This is the fun part…
Both parties have all the evidence now. Insurance companies get spooked at this point and want to settle rather than risk losing at trial.
Your lawyer will start negotiating with the insurance company. This can go back and forth for weeks or months. One day, you’ll get the news that an agreement has been reached.
Fun fact: You can settle at any time during the process.
Stage 4: Mediation (Sometimes)
Mediation is where a neutral third party helps both sides reach a resolution. The court might order mediation if settlement negotiations stall.
Mediation is successful about 70% of the time. So, not too shabby.
Stage 5: Trial Preparation
No settlement? Time to get ready for trial.
Your team will prepare witness testimony, organize evidence exhibits, develop arguments, and line up expert witnesses if necessary.
Stage 6: The Actual Trial
And now, we get to the good stuff! Courtroom drama!
In reality, most trials are far less exciting than what you see on TV. They’re mostly methodical evidence presentations rather than the explosive moments you’d expect.
The average car accident trial takes 3-7 days. A jury then deliberates and returns a verdict.
How Long Does This Actually Take?
You know that famous car accident lawyer joke about “how long does this process take?”
“Well, as soon as you’re dead,” they say.
Haha. Ok, joke’s over. It’s not THAT long.
Here’s the short answer:
The short answer: It depends.
The longer answer: Most straightforward cases settle within 6-9 months after medical treatment is complete. More complex cases with serious injuries can take 1-3 years or more to resolve.
Factors that affect timeline:
- Severity of injuries — The more serious, the longer it will take.
- Disputed liability — If fault is unclear, expect delays.
- Insurance company tactics — Some like to drag it out.
- Court schedules — Busier courts = more delays.
What You Need to Know Before Starting
Before you jump into lawsuit mode, there are a few more things you should know.
Statute of Limitations: Most states allow 2-4 years to file suit. So, if you need to, start that process soon.
Costs and Fees: Car accident lawyers work on contingency (only get paid if you win). They’ll cover their expenses along the way.
Emotional toll: Lawsuits are stressful. You’ll have to endure depositions, medical exams, and rehashing the accident over and over.
No guarantees: Even the strongest cases can lose at trial.
Do You Need a Lawyer?
Ok, here’s the hard truth.
If you don’t already know it. The average person cannot go up against an insurance company without professional legal assistance. It’s like showing up to a gunfight with a knife.
The biggest advantages of working with car accident legal services like the Fittipaldi Injury Lawyers Melbourne Team include:
- Understanding of law and legal procedures
- Experience in negotiating with insurance companies
- Resources for investigating and building your case
- Access to expert witnesses and medical professionals
If you’ve suffered serious injuries, have major property damage, or have a disputed liability claim, an experienced law firm can be the difference between a fair settlement and getting crushed by the insurance company. Professional representation often leads to settlements 3-4X higher than going it alone.
What Happens After You Win?
Ok, now let’s say you’ve done everything right. You’ve won your lawsuit or gotten a settlement. What happens next?
Insurance companies have 30 days to pay up after all agreements have been signed. Your lawyer receives the check first, then they pay any remaining medical liens and deduct legal fees (usually 33-40%). They also pay for case expenses like deposition transcripts. Then they cut you a check for the balance.
Tax note: Generally, settlement funds used to compensate for physical injuries are not taxable.
Common Pitfalls to Avoid
Don’t make these mistakes during your case:
Talking to Other Insurance Companies: Let your lawyer do all the talking.
Posting on Social Media: Vacation selfies, check-ins, and that gym pic all undermine your claim.
Missing Medical Appointments: Skipping physical therapy or doctor visits suggests you’re not hurt as bad as you say.
Settling Too Early: Insurance companies love making quick lowball offers.
Not Keeping Records: Document everything, medical visits, lost wages, repairs.
Alternatives to Traditional Lawsuits
A lawsuit doesn’t necessarily mean going through all the above stages in court. Here are some alternatives:
Arbitration: A private judge hears the case and decides the outcome. Quicker than court but you give up the right to appeal.
Small Claims Court: For smaller damages (usually under $10k), small claims court works well.
Direct negotiation: Sometimes, you can resolve things without formal legal action.
Preparing Yourself Mentally
Car accident lawsuits are an emotionally draining process. You’ll relive your accident multiple times in depositions, medical exams, and testimony. The other side’s lawyers will question your credibility and sanity.
Here are a few tips to prepare yourself mentally:
- Have realistic expectations about the time required
- Build a support system of friends and family
- Focus on recovering rather than obsessing about the case
- Trust your legal team to handle the complex legal stuff
Pulling It All Together
Car accident lawsuits are a lot less scary when you know what to expect. The good news is that most cases settle before ever seeing a courtroom, and even straightforward cases only take about half a year to two years, depending on complexity.
The key is having realistic expectations and the right legal team. Remember that 95% of cases settle before trial.
To quickly recap:
- File your complaint, serve the defendant
- Gather evidence through discovery
- Negotiate a settlement (where most cases end)
- Go to trial if negotiations fail
- Collect your compensation and move on with your life
This process has provided millions of accident victims with the compensation they deserve. With the proper preparation and legal guidance, it can help you too.
The most important thing to remember? Don’t wait too long to get started. Statutes of limitations are real, and evidence becomes stale. If you are dealing with serious injuries caused by someone else’s negligence, it’s always best to start exploring your legal options sooner rather than later.
