Car Accident Lawsuit Process

Car accidents are one of the most common types of accidents that can occur, and understanding what to do after the accident occurred is crucial. They may happen due to various reasons, such as reckless driving, poor road conditions, or even vehicle malfunctions. No matter what the cause may be, the aftermath of a car accident can be overwhelming and confusing, especially if you are considering filing a lawsuit.

TRAVIS B. TERRY, auto accident attorney in Texas

Written by Travis B. Terry

Published June 05, 2024

At The Auto Accident Team, we know that the aftermath of a car accident can be both physically and emotionally draining. We are here to help you navigate through the complexities of a car accident lawsuit and pursue the compensation you deserve.

Whether you have been involved in a car accident or are seeking information for someone else, our team is here to provide the guidance and support you deserve.

How Can a Lawyer Help With Your Car Accident Lawsuit?

Being involved in a car accident can be overwhelming, especially as you contend with the physical, emotional, and financial consequences. Having experienced car accident attorneys by your side during a car accident lawsuit can significantly influence the outcome of your case and take the stress of the legal process off your shoulders.

Here are a few ways an auto accident lawyer can assist:

  • Guidance on legal proceedings: Navigating the court system can be daunting. A lawyer can guide you through each step, ensuring all legal requirements are met.
  • Negotiating with insurance companies: Insurance adjusters are skilled at minimizing payouts. Your lawyer will advocate for your best interests, aiming for the highest possible settlement.
  • Evidence collection and analysis: Lawyers have the resources to thoroughly investigate your case, gathering necessary evidence to support your claim.
  • Representing you in court: If your case goes to trial, having a lawyer to present your case effectively can make a significant difference in the verdict.

Enlisting the help of a car accident lawyer means you have someone in your corner dedicated to protecting your rights and interests. With their guidance, you can pursue the justice and compensation you deserve without the added stress of facing the legal system alone.

Key Takeaways About Car Accident Lawsuits
01.

Car accident lawsuits seek compensation for injuries, lost wages, medical expenses, and more.

02.

A car accident attorney helps navigate legal proceedings, gather evidence, and negotiate with insurance companies.

03.

Avoid mistakes like not documenting everything, posting on social media, accepting initial offers, missing deadlines, and forgoing legal representation.

04.

Car accident lawsuit steps include consultation, investigation, discovery, pre-trial motions, and possibly a trial.

What Is a Car Accident Lawsuit?

A car accident case is a legal action taken by someone who was involved in a car accident and believes another party is at fault for their injuries or losses. This type of legal claim seeks to obtain compensation for the injuries and losses suffered as a result of the accident, including medical bills, lost wages, and damages for pain and suffering through a car accident claim.

Types of damages include, but aren’t limited too…

Medical Bills

Medical
Bills

Lost Wages

Lost
Wages

Emotional Distress

emotional
distress

Pain and Suffering

pain &
suffering

Property Damage

property
damage

Physical Disability

physical
disability

In many car accident cases, the person filing the claim (known as the plaintiff) must prove that the other party (the defendant) was negligent in the operation of their vehicle. In other words, that the other party failed to act as a reasonably prudent driver, and that those actions caused the accident. If successful, the lawsuit can result in the plaintiff being awarded monetary damages by a judge or jury to help cover the costs and impacts the accident had on their life.

This legal process requires careful preparation, evidence collection, and a clear understanding of the laws that apply to the case, which is why many choose to work with a personal injury lawyer to handle their car accident lawsuit.

DID YOU KNOW?

The National Highway Traffic Safety Administration (NHTSA) reports that in 2021, the economic cost of motor vehicle crashes in the U.S. exceeded $340 billion, emphasizing the financial impact of car accidents.

What Are Common Mistakes to Avoid During a Car Accident Lawsuit?

Navigating through a car accident lawsuit requires careful attention to detail and strategic planning.

Common pitfalls that could jeopardize your case include:

  • Failing to document everything: Not keeping a thorough record of all your injuries, property damage, and interactions with insurance companies can weaken your claim.
  • Accepting the first settlement offer: Often, initial offers are lower than what you may actually be entitled to. Rushing to settle can leave money on the table.
  • Forgoing legal representation: Attempting to navigate a lawsuit without an experienced lawyer can lead to mistakes and lessen your chances of a successful outcome.
  • Posting about your accident on social media: Sharing details or photos related to your accident online can provide ammunition for the opposing party to dispute your claim.
  • Not adhering to legal deadlines: Missing important deadlines, like the statute of limitations for filing your lawsuit, can result in losing your right to sue.

Avoiding these missteps is crucial for protecting your interests and maximizing your potential compensation. Having the right legal team by your side can help you steer clear of these common mistakes and guide you through the complexities of your car accident lawsuit process while ensuring your rights are upheld every step of the way.

What Are the Steps in an Injury Lawsuit?

Embarking on a car accident lawsuit journey can feel like navigating through a maze without a map, but understanding the steps involved can shed light on the path ahead, as most car accident cases follow a similar process.

Typical stages you might encounter during a car accident lawsuit include:

01.
Consultation with an attorney

The first step is finding a knowledgeable lawyer who can guide you through the legal maze. This initial meeting involves discussing the details of your accident, the extent of your injuries, and any damages. Your attorney will assess the viability of your case and advise on the best course of action.

02.
Investigation and filing

Your legal team will gather evidence, including accident reports, medical records, and witness statements, to build a strong case. Once they have all the necessary information, your lawyer will file a lawsuit on your behalf.

03.
The discovery phase

Both sides will exchange information during discovery. This phase allows your attorney to obtain evidence from the other party, which can include documents, depositions, and interrogatories.

04.
Pre-trial motions and negotiations

Before the trial, there may be motions filed by either party to resolve specific issues. Simultaneously, your attorney may engage in negotiations with the defendant's lawyer or insurance company in an attempt to reach a settlement agreement and avoid a trial.

05.
Trial

If a settlement cannot be reached, your case will go to trial. Here, both sides present their evidence and arguments to a judge or jury, who will then make a decision regarding liability and compensation.

Each car accident lawsuit is unique, and the process may vary based on the complexities of your case. However, knowing these steps can help you prepare for what lies ahead and work closely with your attorney to navigate the lawsuit process successfully.

Settling a Car Accident Lawsuit vs. Going to Trial

Choosing between settling a car accident lawsuit and going to trial can be a complex decision, each with its own set of advantages and disadvantages.

Settling a Car Accident

  • Quicker Resolution
  • Lower Costs
  • Certainty of Outcome
  • Less Stress

Going to trial

Potential for Higher Compensation:

  • Detailed Presentation of Evidence
  • Public Process
  • Time-Consuming
  • Uncertain Outcome

Settling out of court often means a quicker resolution, fewer legal fees, and the certainty of receiving some form of compensation. It avoids the unpredictability of a trial where the outcome can be uncertain, and the process can be lengthy and more stressful.

On the other hand, opting for a trial might lead to a higher compensation if you win your case, as it allows you to present detailed evidence and arguments regarding the extent of your damages and the negligence of the other party.

However, trials are public, can be very time-consuming, and there’s always the risk of receiving less than what was offered in a settlement – or nothing at all, if the court decides against you. Additionally, the costs associated with going to trial can be significant, potentially reducing the net amount of compensation you receive.

It’s crucial to discuss these options thoroughly with your lawyer, who can provide guidance based on their experience and the details of your case.

What Types of Compensation Can You Recover After a Car Accident?

According to the National Safety Council, there were a staggering 5.4 million medically consulted injuries resulting from motor vehicle incidents in 2021 alone, costing an estimated $498.3 billion. When navigating through car accident lawsuits, the financial, physical, and emotional toll can be significant.

$498.3 billion

Estimated cost of injuries from motor vehicle incidents in 2021

Here’s a breakdown of the types of compensation you might recover:

Medical Bills

Medical
expenses

Lost Wages

Lost
Wages

Property Damage

property
damage

Pain and Suffering

pain &
suffering

Physical Disability

Loss of
consortium

Punitive Damages

punitive
damages

  • Medical expenses: Coverage for hospital visits, medications, physical therapy, and any ongoing medical treatments.
  • Property damage: Reimbursement for repairs to your vehicle or the replacement cost if it’s totaled.
  • Loss of consortium: Compensation awarded for the impact on the relationship with your spouse or partner due to the accident.
  • Lost wages: Compensation for the time you had to take off work due to the accident, including future lost earnings if you’re unable to return to work.
  • Pain and suffering: Compensation for physical pain and emotional distress caused by the accident.
  • Punitive damages: In rare cases, if the defendant’s conduct is found to be especially harmful, you may be awarded punitive damages as a way to punish the wrongdoer and deter similar actions in the future.

Navigating the specifics of what compensation you are entitled to can be complex, but knowing the potential avenues for recovery is the first step towards getting the support you need.

Injured in a Car Accident? Contact Auto Accident Team Today

If you’ve been injured in a car accident, it’s critical to act swiftly. Insurance companies start looking for ways to minimize or outright deny claims against them from the moment an accident is reported. Don’t navigate this challenging time alone – let the Auto Accident Team stand by your side.

Take the first step towards securing your future after an accident. Call us now at (877) 236-2391 or fill out our contact form for a consultation. Our experienced team is ready to provide you with the personalized attention and dedication your case deserves.

How long do car accident lawsuits take to resolve?

The timeline for car accident lawsuits can vary depending on factors such as the complexity of the case, the extent of injuries, and whether the case goes to trial. In some cases, a car accident lawsuit may be resolved within several months, while more complex cases can take one to two years or more to reach a conclusion. It’s essential to work closely with car accident attorneys to understand the timeline for your specific case and ensure that all steps are completed efficiently.

The car accident lawsuit settlement average depends on several factors, including the severity of injuries, medical expenses, lost wages, and the insurance coverage available. While it’s difficult to provide a precise number, settlements can range from thousands to hundreds of thousands of dollars. Car accident attorneys can help you pursue fair compensation by negotiating with insurance companies and representing your best interests.

While you are not required to have car accident attorneys to handle your insurance coverage claim, having legal representation can greatly increase your chances of receiving fair compensation. Insurance companies often try to minimize payouts, and experienced attorneys know how to negotiate with them and navigate the legal process to ensure that your rights are protected and that you receive the compensation you deserve.

California requires drivers to carry minimum liability insurance to demonstrate financial responsibility in case of a car accident. This insurance helps cover damages like medical bills and car repairs. If a driver is uninsured, they may face legal consequences and limitations in recovering damages, particularly non-economic damages such as pain and suffering, as outlined by Proposition 213.

According to California car accident law, you have two years from the date of the car crash to file a personal injury claim and three years to claim property damage. Acting promptly is essential, as failing to meet these deadlines could result in losing your right to seek compensation. Consulting with legal professionals soon after the accident ensures your case stays within these critical timelines.

TRAVIS B. TERRY, auto accident attorney in Texas

Meet Travis B. Terry

Travis B. Terry, a highly experienced personal injury attorney in Texas, has been practicing since 1993. With a BA in Psychology from the University of Texas, Austin, and a JD from South Texas College of Law, he brings over 30 years of expertise to his clients. Travis provides compassionate, skilled legal representation, emphasizing trust, empathy, and communication. Recognized as a Texas Super Lawyer since 2015, he is also a board-certified expert in Personal Injury Trial Law, a distinction held by only 7% of Texas attorneys. Travis is dedicated to fighting for justice, ensuring his clients receive the care and compensation they deserve.

You can schedule an appointment with Mr. Terry at Reed & Terry, LLP located at

56 Sugar Creek Center Blvd Ste 300
Sugar Land, TX 77478.

Search