If you’ve been involved in a car accident that led to personal injury, you may be looking for a fair settlement offer to cover medical expenses and other costs caused by the crash. Yet without years of experience in personal injury law, this can be a confusing process.
Learn how to file a car accident personal injury lawsuit, including:
- the steps you take to file a car accident claim
- what happens if your case goes to trial
- how an experienced personal injury lawyer can help
The Difference Between Personal Injury Lawsuits And Car Insurance Claims
Immediately after a motor vehicle accident, your first instinct may be to check your insurance coverage. After all, the possibility of an auto accident is one of the biggest reasons drivers are required to have an insurance policy.
Most car insurance policies have some form of personal injury protection (PIP) plan. This protects motorists in the case of an accident up to a certain amount of coverage for personal injury and property damage.
You may be required to file an insurance claim first. However, some insurance companies may not take into account the full extent of your injuries. Instead, they may offer a quick settlement amount.
When people file personal injury lawsuits after a car accident, it is usually to cover whatever damage is not covered through their own car insurance policy. They may also wish to hold another driver, their insurance company, or other party responsible.
Steps To Filing A Personal Injury Lawsuit After A Car Accident
There are important steps to take right after a car accident, such as seeking medical attention for any serious injuries. Getting prompt medical care can also help prevent any bodily damage that might occur later.
You will also need to collect certain information, such as:
- the other driver’s insurance company information
- contact information (name, phone number, and address)
- insurance policy number
Be sure to contact law enforcement to file a police report. Accident reports and other documentation, such as medical records, photos of property damage, and other documentation of the scene of the accident can be crucial.
Once these details are under way and you’re ready to file a personal injury lawsuit, you will have to undergo a certain process. These are the steps to take when you’re ready to file your personal injury car accident claim.
1. Contact A Personal Injury Lawyer
It’s possible to file your personal injury lawsuit without the help of an attorney. But having sound legal representation throughout the process will help improve the chances of a favorable settlement offer or trial outcome.
An experienced personal injury lawyer will be able to:
- handle settlement negotiations
- estimate the amount of money you may be able to win for your claim
- provide competent legal advice throughout your car accident lawsuit
2. File A Complaint With The Help Of A Personal Injury Lawyer
A lawyer can provide you a free case evaluation to review the details of the car accident and begin the attorney-client relationship. When it’s time to file your lawsuit, the personal injury lawyer will help you file a complaint.
In legal terms, a complaint is the cause of action that starts a case.
A complaint will be a document that outlines:
- what happened in the auto accident
- any claimed damages (i.e. serious injury, property damage, wrongful death)
- the legal basis for filing the lawsuit (such as grounds for negligence)
Once your complaint is filed, your personal injury case officially begins.
3. Serve The Complaint
Even though car accident lawsuits are civil matters, the defendant (person you are bringing the lawsuit against) still has the legal right to notice of what’s happening.
After you file the complaint, your personal injury attorney will help you serve the defendant a copy of the personal injury lawsuit. This copy will inform them of the car accident case and may be served with a summons, or a notice that they are being sued.
Where you live may affect rules for serving the defendant, since rules are different among jurisdictions. You will typically have no more than 30 days to serve the complaint to the defendant. Your personal injury lawyer will know the rules for serving complaints where you live and will be able to help you follow state law.
4. Wait For An Answer From The Defendant
The defendant’s answer comes as a response to your notice of the personal injury lawsuit (complaint). Typically, they will either admit or deny the allegations in the complaint and respond with notice of any legal defense they choose to take.
5. Exchange Of Information (Discovery)
The discovery process allows you and the person you’re suing to exchange information that is important or may lead to information that will become important, to your car accident case.
Discovery in an auto accident case lets both parties in on all the facts of the case so they can plan their side.
Information exchanged in discovery can include both documented records and legal actions, such as:
- documentation, including medical records, police reports, records of the scene of the accident, etc.
- written questions from each side (interrogatories)
- oral statements from each side (depositions)
6. Head To Trial, If Necessary
After exchanging information, each party has everything they need to prepare their side of the personal injury lawsuit to present to the courts. Most personal injury car accident cases settle before reaching trial. In case your settlement negotiations cannot reach an agreement, it’s important to be prepared.
If your car accident lawsuit goes to trial, both your personal injury attorney and the defendant’s attorney will make opening statements. Then, your lawyer will present all evidence to the court and the defendant’s lawyer will cross-examine witnesses.
The defendant’s personal injury attorney will then present their side. After this, your lawyer will cross-examine their witnesses, before both attorneys make closing statements. Finally, a verdict is reached and a compensation amount is determined.
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Common FAQs For Car Accident Personal Injury Lawsuits
Your auto accident case will be unique, and a number of steps can take place during the trial or settlement negotiations which affect the process. Here are answers to some of the most frequently asked questions in car accident personal injury lawsuits.
Am I Required To Have An Attorney To File A Personal Injury Lawsuit?
You are not legally required to have an attorney to file a personal injury lawsuit. However, there are a number of reasons having legal representation can help you in your case. These include a better chance of settling out of court and securing a higher settlement offer.
The right personal injury lawyer will help you build a strong case. They will also submit all required documentation within the statute of limitations (legal time limits) and help protect your legal rights.
How Do I Know If I Will Win My Car Accident Case?
In some states, you can only file a car accident claim if damage to your vehicle or personal injury exceeds a certain amount, or in specific situations.
For this reason, it may be a good idea to consider a free consultation with a personal injury attorney first. They can help you understand whether you have a case, when to file, and may be able to estimate your chances of winning a car accident settlement.
Will My Car Accident Claim Go To Trial?
Many car accident cases settle outside of court. Some may reach a settlement offer without even filing a personal injury lawsuit or property damage lawsuit.
An experienced car accident lawyer will work with insurance adjusters, insurance companies, the at-fault driver, and others to help you reach a settlement offer quickly and efficiently.
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Find Help With Filing A Personal Injury Car Accident Claim
After a car accident, you may be facing medical bills, serious injuries and ongoing medical treatment, and other costs. In the amount of time it takes to file a personal injury claim, these costs can pile up and take a toll on your life.
Let a personal injury lawyer help you file a claim and reclaim your livelihood. Florin|Roebig law firm is home to a number of experienced, skilled personal injury attorneys who are ready to help accident victims file a car accident personal injury lawsuit. Contact us today to get started with your free consultation.
