What Happens in a Car Accident Lawsuit?

What Happens in a Car Accident Lawsuit?

If your car accident case evolves into a lawsuit, you should know what lies ahead.

First, know that most car accident cases do not actually become lawsuits—most cases settle. Even if your case does become a lawsuit, it may still settle.

Some car accident cases not only become lawsuits but proceed all the way to trial. In this case, your Austin car accident lawyer will represent you in court, demanding that a jury award you the compensation you deserve.

What Happens After a Car Accident?

As a car accident victim, always keep your financial recovery in mind. You can recover all the money you need for accident-related damages.

The blueprint to follow after your car accident includes:

Seeking Medical Treatment as Soon as Possible

Seek medical attention to protect your health and your legal case.

When you see a doctor after your car accident:

• Ask the doctor to provide a clear, detailed diagnosis of all accident-related injuries
• Request copies of all bills, doctor’s notes, and diagnoses
• Request imaging of accident-related injuries (X-rays or MRIs, as appropriate)
• Follow the doctor’s advice when it comes to your recovery

Ask if any of your injuries could disable you. A disabling injury is far more expensive than a non-disabling injury.

Choosing the Right Car Accident Lawyer to Lead Your Case

Hire a car accident lawyer after your case. Your attorney will take over all case-related responsibilities. Most importantly, they will protect you from any party that tries to violate your rights.

With a lawyer guiding your case, you won’t have to stress over case strategy or worry if you are doing the right thing. Your car accident attorney will issue frequent case updates and inform you of any action you need to take.

Securing Evidence of Fault for the Car Accident

Your lawyer will seek any evidence that proves who was at fault for your car accident, including:

• Video footage of the car accident
• Eyewitness testimony
• The police report documenting the accident (which may include an officer’s opinion about who caused the collision)
• A reconstruction of the accident
• Photographs of the accident scene
• Photographs of damage to vehicles damaged during the collision
• Participants’ accounts of how or why the accident happened

Perhaps a motorist was tailgating, causing a rear-end accident as a result. Many motorists engage in distracting behaviors that lead to car accidents. Whatever the accident details are, your lawyer will determine who caused the collision.

Fault often determines must pay for a car accident. For this reason, your lawyer will secure all available evidence proving fault for the collision.

Calculating the Cost of Accident-Related Damages

Your attorney must calculate exactly how much your accident has cost you. They must also determine how much the collision will yet cost you.

Some damages may have a straightforward cost. Fixing your vehicle, for example, may have a one-time cost. Other damages, like the cost of your pain and suffering, are more difficult to calculate.

Car accident lawyers know how to calculate every type of damage accurately. This is one of the many reasons why accident victims hire lawyers.

Seeking a Settlement from Liable Parties (or Their Insurer)

Once your lawyer knows the cost of your damages, they can begin negotiating a settlement.

This process typically requires:

• Arranging to meet with liable parties (or their insurers)
• Presenting evidence proving who is at fault for the car accident
• Presenting and explaining the calculation of your damages
• Providing documentation of your damages
• Engaging in verbal negotiations about how much compensation you deserve

An experienced lawyer to lead negotiations may prove valuable. This mentally strenuous process comes with high stakes. A lawyer who has negotiated many successful settlements will not hesitate or back down.

Filing the Lawsuit

If your lawyer completes settlement talks without a fair offer, they may file a lawsuit. Typically, lawyers exhaust multiple rounds of settlement negotiations before reaching this point.

Once your lawyer files a lawsuit, it sets a course toward trial. Before they take this step, your lawyer will review the best settlement offer with you, explain the implications of filing a lawsuit, and determine the best course of action.

Negotiating a Settlement for the Final Time

If your lawyer files a lawsuit, they can continue negotiating a settlement with liable parties. Filing a lawsuit may prompt liable parties to offer a more severe settlement offer—they may realize your lawyer isn’t bluffing.

Whether or Not Your Case Becomes a Lawsuit (or Goes to Trial), You Should Have a Lawyer

Having a car accident lawyer on your side helps because:

• A lawyer costs nothing out of your own pocket: Financial uncertainty is one of the common consequences of a car accident. Many accident victims are unwilling to shell out money for a lawyer, as they are often facing many other expenses. Fortunately, lawyers require no upfront or out-of-pocket fees from you.
• A lawyer provides invaluable financial support: Not only does a car accident lawyer work for no upfront fee, but they may also provide services you can’t afford otherwise. For example, your lawyer may hire a mental health expert to diagnose the pain and suffering you experience after your accident.
• Your attention should remain on recovery: Your health deserves your full attention. Hiring a lawyer to oversee your case allows you to focus your energy on medical treatment, physical and mental rest, and overall physical recovery.
• A lawyer brings priceless experience: There is no substitute for legal experience, and your lawyer should bring plenty of experience to your case. Experience allows your lawyer to adjust to various unforeseen circumstances based on the wisdom they have gathered in prior cases.
• Car accident lawyers come with a legal team: When you hire a car accident lawyer, you actually hire a legal team. Your attorney may work with other attorneys in their firm, paralegals, investigators, and experts as they build your case.

It is no surprise why so many car accident victims hire attorneys. Work with an attorney as you invest your time into your recovery.

Do Not Underestimate Insurance Companies

Your car accident lawyer will also deal with insurers for you. This is important because auto insurance providers do not always have accident victims’ best interests at heart—they put their own financial interests first.

Your car accident lawyer will protect you from any insurer that will:

• Unjustly deny your car accident claim
• Misrepresent statements you make to an insurance representative
• Assign you fault for the accident
• Attempt to undervalue your losses
• Extend a lowball settlement offer
• Engage in hardball negotiation tactics
• Delay your claim
• Engage in any other bad-faith practices

Unfortunately, these tactics are more common than many car accident victims realize. If you hire a lawyer to manage all case-related communications, you won’t have to worry about these insurance-related issues.

Your Lawyer Will Oversee Your Entire Case

You already know a lawyer will handle a trial for you if necessary. They will also oversee evidence collection, damages documentation, and settlement negotiations.

Some of your lawyer’s other duties will include:

Developing a Case Strategy (and Adjusting It as Necessary)

Car accident lawyers provide case strategies specific to each client.

The strategy for your case may depend on:

• The injuries you suffered (and their severity)
• Whether any of your injuries are disabling
• The economic cost of your accident-related damages
• The duration of time for which your lawyer expects you to experience injuries, symptoms, and accident-related damages
• The type and amount of insurance coverage available to you

Your attorney must determine how much money you deserve and the available options for seeking that money. Your attorney will review the liable parties’ best settlement offer and advise you on moving forward.

Updating You Throughout the Insurance and Legal Processes

It’s an attorney’s job to keep their client informed.

Your attorney should provide regular case updates, including when:

• A significant amount of time has passed since the last update
• Something noteworthy happens in your case
• You receive a settlement offer
• They have advice for you
• They decide that you should go to trial

You will also have a direct line to your lawyer. You can contact them via phone, text, email, and other channels.

Reviewing Settlement Offers With You

If and when you receive a settlement offer from liable parties or their insurers, your attorney will review the offers with you. They will advise you of whether the offers are fair and whether to accept or continue fighting for more compensation.

Handling the Administrative Aspects of Your Case

Your lawyer will handle the day-to-day responsibilities of your case, which may include:

• Drafting paperwork, including your claim or lawsuit
• Fact-checking paperwork before submitting (as even a minor error can be problematic)
• Submitting paperwork with the property parties (and on time)
• Arranging case-related appointments, such as settlement negotiations
• Leading all case-related communications

Because a lawyer handle every detail of your case, you won’t have to worry about where it stands or where it is headed. Focus on resting and following your doctor’s orders; your attorney will take care of the rest.

Your Damages Will Be the Central Focus of Your Case

Your lawyer’s primary goal is securing compensation for your accident-related damages, which may include:

• Healthcare expenses: Medical bills from a car accident can be overwhelming, especially if you receive emergency care, need surgery, or have a disability.
• Vehicle-related costs: Your lawyer will seek money for vehicle repairs, replacement of a totaled vehicle, and temporary transportation.
• Pain and suffering: Your lawyer will seek compensation for depression, anxiety, physical pain, post-traumatic stress disorder (PTSD), sleep problems, and any other types of pain and suffering from your car accident. If you seek treatment for these problems, your lawyer will include the cost of care in your case.
• Lost income: If you miss work following the accident, your attorney will demand compensation for lost income, diminished earning power, lost bonuses, and any other professional damages you experience.

If a car accident damaged your phone, clothing, or other property, your lawyer will demand that liable parties cover the repair or replacement of that property.

Car Accident Lawyers Also Lead Wrongful Death Cases

Car accident attorneys represent those whose loved ones pass away due to car accidents.

These tragic cases often involve:

• Loss of consortium (which are non-economic damages like lost spousal companionship and lost parental guidance)
• Funeral expenses
• Lost financial support
• Loss of the decedent’s household services
• Medical bills
• Vehicle costs
• Immense pain and suffering

Those who lose a loved one must prioritize their grieving process. By hiring an attorney, you can place your attention where you most need it.

Find Your Car Accident Lawyer as Soon as Possible

Car accident cases have statutes of limitations, so you must file your case within a strict filing deadline. These deadlines vary from one to six years, depending on where the accident happened.

Hire your Austin personal injury attorney as soon as possible so you don’t miss this deadline and give yourself the best chance of a strong case. Seek a free case evaluation today.