Unfortunately, car accidents are a part of life. The good news is that because they’re so common, there’s a fairly predictable process that follows, and many accidents can be resolved through your insurance company.
If your car accident can’t be settled by insurance, you should prepare for the car crash lawsuit process. Read on for an overview of how a car accident lawsuit generally works.
[READ: How to Report a Traffic Accident to the Police]
Insurance Claims Before an Auto Accident Lawsuit
Most vehicle accidents do not lead to auto accident litigation and are instead resolved through insurance companies. Whether your accident is settled by insurance, settled by your attorney or leads to a lawsuit, it’s important to follow these initial steps:
— Seek medical attention if it’s warranted.
— Do not admit fault until you’ve talked to your insurance company and/or attorney.
— Take photos and get statements and contact information from witnesses.
— Collect insurance, driver’s license information, license plate numbers and contact information for other people involved in the accident.
— File a police report, especially if your state requires it.
— Keep detailed records of property damage, injuries, medical bills and other costs.
— Report the accident to your insurance company as soon as possible.
In many cases, the insurance companies will go back and forth about who is at fault and what they’ll offer to cover. In simple cases, you may be satisfied with the offer and agree to settle the matter. But it can also be helpful to hire an attorney during the insurance process, especially if you’re unsure whether the offer is fair.
Car Accident Lawsuits: Understanding the Process
Sometimes insurance negotiations fail to resolve all claims from a car crash. Whether you’re unhappy with the amounts offered or are being sued after a car accident, you should familiarize yourself with the basic process of a traffic accident lawsuit.
Statute of Limitations: File Your Car Accident Lawsuit in Time
The statute of limitations determines how much time you have to file a lawsuit from a car accident. Each state sets its deadlines, and they can vary depending on the types of damages involved. For example, if your accident occurred in California, you have three years to file a lawsuit for property damage and two years to file for injuries.
Additionally, if someone has filed a car accident lawsuit against you, you can make a counterclaim for damages against them, according to your state’s rules and statutes of limitations for counterclaims. Once your lawsuit is filed, there are also deadlines throughout the process that apply to things like motions and answers.
Interrogatories and Depositions: The Discovery Phase of a Car Crash Lawsuit
Before the parties present their cases at trial, they send and request information and documents pertaining to the accident. In addition to requests for admissions and requests for the production of documents, two key tools of the discovery phase are interrogatories and depositions.
Interrogatories are written questions and answers, while depositions are verbal and in person. Both are answered under penalty of perjury and are designed to provide each side with the evidence relevant to the case. You can formally object to a request, but you can’t simply ignore one or refuse to answer. Doing so could significantly jeopardize your case.
Negotiations and Offers to Settle: Avoiding Court in a Traffic Accident Lawsuit
After gathering evidence, the plaintiff and the defendant in an auto accident lawsuit make offers and counteroffers to settle the case. These offers are based on the evidence they’ve obtained, their estimated value of damages and their perceived likelihood of winning if the personal injury case goes to trial. Settling out of court can help mitigate the costs of auto accident litigation, especially attorneys’ fees and court costs, which increase with a trial.
Going to Trial: Presenting Your Case to a Judge or Jury
If the parties in an automobile accident lawsuit can’t agree on a settlement, the case goes to trial in a civil, not criminal, court. The judge will set a trial date and both sides will present evidence, such as:
— Testimony from witnesses
— Pictures of the scene of the accident and property damage
— Medical records and bills
— Evidence of lost wages and other expenses
This evidence is presented to the fact finder, which is either a judge or a jury. The fact finder then determines who is at fault and what, if any, compensation is due. If either party disagrees with the judgment, they can appeal the decision to a higher court.
[Related:Do You Need a Lawyer to Fight a Speeding Ticket?]
Types of Compensation: Damages in Car Accident Lawsuits
If you’re suing someone after a car accident, you’re probably wondering how much money your case is worth. The answer depends on a variety of factors, including the skill of your attorney, the strength of the evidence, and your state’s rules regarding fault and award limits. But generally, the types of damages you can claim in an auto accident lawsuit include:
— Property damage
— Current and future medical expenses
— Lost wages and reduced earning capacity
— Disfigurement or disability
— Pain and suffering
— Loss of enjoyment of life
— Punitive damages
An experienced attorney can give you a good sense of what types of damages might be involved in your specific case and how they’re typically calculated.
[READ: What Is Contempt of Court?]
Get Help With Your Car Accident Lawsuit
Dealing with car repairs, doctor appointments and medical bills after a car accident is stressful and time-consuming enough. Don’t try to navigate a lawsuit on your own, too. Search for an experienced attorney in your area using the U.S. News Lawyer Directory to get started today.
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Car Accident Lawsuit Basics originally appeared on usnews.com
