Car accident lawsuit
LexInter | July 19, 2022 | 0 Comments

Car Accident Lawsuit – Things You Need To Know

One of the most common types of cases to be brought in the US is a car accident lawsuit. In 2005, lawsuits made up approximately 60% of the entire tort caseload.

The majority of injuries and fatalities resulting from vehicle accidents in America are the subjects of litigation. If you were in an automobile accident, you may be able to sue the individual who caused it.

According to the poll, up to 64% of injured victims who take action or file vehicle accident lawsuits succeed in their claims. Continue reading to discover more about the fundamentals of a vehicle accident case, such as the procedures involved, theories of responsibility, and more.

Let’s look at filing a car accident lawsuit.

Filing A Car Accident Lawsuit

What is the standard settlement by car accident lawyers

It is advisable to consult with a car accident attorney before choosing to file a case. They may inform you of the strength of your case and the potential value of your claim.

Based on the particulars of your case, these attorneys could also help you weigh the advantages and disadvantages of bringing a car accident lawsuit or trying to settle.

But somehow, taking your first consultation with a lawyer can help you understand your rights and legal options. Before providing you with proper advice, an attorney will review the specifics of your injury and the expenses associated with it.

The expenses associated with a major accident can last for many years, or possibly your entire life. It’s crucial to account for both economic and non-economic damages.

Duration Of Your Lawsuit

The duration of your case, assuming you plan to pursue one, might be impacted by several factors. Some insurance companies will make a fair settlement offer after your attorney files a lawsuit.

However, it can take up to a year or even more before the matter heads to trial if the insurance company decides to contest your claims.

All parties must go through the legal stages of a lawsuit before going to trial in a case. A certain length of time is allotted to both sides to prepare their cases.

Important Steps In An Auto Accident Lawsuit

Train accident lawsuit

You will allow the other motorist and their insurance provider a certain length of time to respond to your claim. It could take more than a month for them to get back to you.

Here are some of the important stages of a car accident lawsuit.

  • Discovery: This entails the gathering of evidence by both parties, who then exchange their findings. Interviewing witnesses is one of these. The attorneys on the opposite end may have to question you when you are sworn in.
  • Pre-trial motions: An opposing party may submit a motion to win in court or postpone the trial. The plaintiff will have ample time to object to any moves made by the opposing party. Among them are motions to change the venue and the judge.
  • Removal: Transferring the case from a state court to a federal court.
  • Dismissal: Requesting that the court dismiss your case due to a technicality like you filed it more than enough time ago.
  • Setting the court date: After resolving pre-trial issues, the court will provide a date for the hearing.
  • Mediation: The court has the authority to force the parties to talk to obtain a settlement without a trial.

Only after completing all of these processes does a trial take place. But along the way, your attorney can help settle the case on your behalf.

How To Decide Whether Or Not To File A Car Accident Lawsuit In Three Easy Ways

Motor Vehicle Accidents

Here are the three factors that can help you decide whether you should file a motor vehicle accident lawsuit.

  1. Collect evidence: Compile as much information as you can regarding the accident, including any pictures of the accident scene; police reports; medical information; and invoices for both medical and car or automobile repairs. Your lawsuit should also mention lost wages.
  2. Reach out to a car accident law firm: If you aren’t planning to sue, a lawyer may be able to assist you in navigating the process of making a significant insurance claim. You may also get the full compensation you’re entitled to with the aid of an expert auto accident lawyer.
  3. Decide between settling or pursuing legal action: Auto accident lawyers can use their experience to advise you on your legal options. A seasoned attorney could suggest that filing a motor vehicle accident lawsuit may be the wisest course of action for recouping your damages.

When To File A Car Accident Lawsuit

Personal injury cases include lawsuits resulting from auto accidents. The statute of limitations for each state decides the time an injured victim has to pursue claims or lawsuits.

If you believe that the accident was not your fault, you should see an advocate as soon as possible following the accident.

After speaking with a lawyer from a reputable car accident law firm, it can take a few weeks or even months to compile all the paperwork required to file, so don’t leave it until the very last minute.

Will Your Lawsuit Result In A Settlement Or A Trial?


Most motor vehicle accident lawsuits are settled out of court. Many claims are resolved before filing a lawsuit. Trial awards might be greater or lower, albeit that represents the average based on the nearly 9,800 cases that were brought in that year.

Settlements are often based on a concept known as “special damages” by insurers. These include any monetary damages you incur as a result of an automobile accident, such as hospital bills, lost wages, and auto repair or replacement costs. It might also be considered a hardship or agony.

The settlement that the insurance provides does not need to be accepted. Understanding all of your legal choices may be accomplished by speaking with an attorney.

A skilled lawyer from a trusted car accident law firm may also collect your proof and medical documents, handle the negligent driver’s insurance provider, and guide you through the process of filing a car accident lawsuit.

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Lexinter Law, with a team of dedicated authors who strive to provide you with all the relevant and actionable tips on the legal aspect of your life. Our goal is to educate you so that you can make legal action with ease, or find the right person who can help you with your unique personal legal dilemma. Take care!