What Happens During the Process of Filing a Car Accident Lawsuit?

Published on Nov 21, 2019 at 9:05 pm in Car Accidents.

If you’ve been injured in a car accident and the incident was caused by the negligent actions of another or you’re being treated unfairly by an insurance company, your best course of action may be to consult with a personal injury attorney that can tell you if filing a lawsuit against the responsible party or the insurer is possible. By filing a lawsuit, you may be able to receive compensation that can go towards medical costs, recovery costs, loss of wages, pain and suffering, and more.

The process of filing a lawsuit can be complex, however, and takes time– especially if your case ends up going to trial. Why are lawsuits so complex and what does the process of filing one look like? Here’s some information that may be valuable to you.

Filing Process of a Car Accident Lawsuit

Injuries and damages caused by a car wreck can make your life stressful. When the collision wasn’t your fault, you’re entitled to compensation for any bills that might have accumulated from the accident. If you’ve decided that you should file a car accident claim, here’s what happens next:

  1. Research. Once a lawyer takes your case, they will immediately begin researching your case and going through all the information you have provided for them. They’ll conduct an interview with you, decide if they want to take your case, and then you’ll sign a contract as an agreement.
  2. Contact the other side. After you and your lawyer work out your side of the case, they will contact the defendant and insurance companies to serve them or inform them that a case is being made against them. This part could only take weeks, but could take up to a couple months, depending on how hard the defendant is to locate. At this point, the defendant could choose to settle so that the case doesn’t go any further, or they could choose to let it go to the next step.
  3. Medical report. Your lawyer will ask for your medical records so that they can have in depth knowledge of your injuries. A final medical report that includes your condition will be compiled, and there will be a consult with a medical professional to talk about the projected outcome of your injuries and their impact on the rest of your life. This helps your lawyer determine how strong your case is and what kind of compensation you should get.
  4. Discovery process. In this step, both parties conduct investigations into the incident as well as any injuries or damages reported related to the incident. Either side can request specific documents that might pertain to the case, so this part can take six months to a year. This is also when evidence is collected and examined, which includes possible evidence so that each side has everything they need to make their case. Some examples of evidence are police reports, pictures, and witness testimonies.
  5. Demand letter. After all the investigation from the discovery process, your lawyer will have be able to write a demand letter. This letter details your injuries, any damages, and the entire scenario of the accident. Your lawyer compiles all of the information from the discovery and estimates what your monetary compensation should be in a letter that is sent to the defendant.
  6. Accept or decline. The defendant could accept the offer that your lawyer makes, and then that is the end of your lawsuit. If they decline, it means that the case will proceed to litigation.
  7. Trial. In litigation, witnesses will testify in court. Both sides may also call in expert witnesses, like medical experts, to testify about injuries or other situations that they have knowledge about. All of the relevant evidence that was compiled in the discovery process is prepared and presented in this stage. Then a judge or jury decides on the winner of the case. For car accident cases, this will probably take a day or two.
  8. Appeal. This step might not happen, but it is an option if both sides are unhappy with the outcome of the trial.

Preferred Capital Funding is Here to Help

While you’re waiting for your claim to come to an agreement, you might need money to pay for pressing medical bills, living expenses, and even lost wages. At Preferred Capital Funding, we can help. We provide pre-settlement funding to victims who have pressing financial stress as a result of their car accident. We understand that your bills won’t wait for your case to end. You can fill out a free application today to see if you’re eligible for funding to make your life easier in the meantime.

Unlike a standard loan, our lawsuit funding options do not come with risky repayment plans. Your loan is paid back in one lump sum when your lawsuit resolves in a successful settlement or verdict. Additionally, if your claim does not succeed, you do not have to pay your funding back. To learn more, reach out to us today.

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