After being involved in an automobile collision you might be curious about the subsequent legal steps.
The post-collision period presents numerous challenges that can feel overwhelming. After handling injuries and fixing your car while fighting with insurance companies you certainly don’t need more headaches from the complicated legal system.
You need to understand the timeline of a car accident lawsuit to ensure you receive the compensation you deserve. A single mistake in your legal actions could lead to a loss of thousands of dollars in settlement funds.
This guide takes you through every step of the car accident lawsuit process. You’ll find out what to expect throughout the lawsuit, the typical duration of each stage and your necessary actions.
Let’s jump in!
What’s coming up:
- Initial Steps After an Accident
- Pre-Litigation Phase
- Filing the Lawsuit
- Discovery Phase
- Settlement Negotiations
- Trial Process
Initial Steps After an Accident
The timeline for a car accident lawsuit starts immediately upon impact in the collision. The actions you take during these initial hours and days will influence the success of your future legal case.
Always get medical evaluation after an accident regardless of how minor your injuries seem. Injuries such as whiplash may take time to present symptoms yet can lead to severe health issues afterwards. Receiving timely medical treatment helps establish official documentation that connects your injuries to the accident.
If you are able to stay at the scene you must:
- Have law enforcement create an official report of the incident.
- Exchange information with the other driver
- Capture images of the vehicles and accident scene as well as your injuries.
- Collect contact information from any witnesses
After leaving the scene, your next crucial step should be to hire a car accident lawyer in Chicago, IL who can guide you through the complex legal process ahead. An experienced lawyer will protect your rights while collecting necessary evidence and managing interactions with insurance firms.
The time limit begins running from the moment you experience your accident. Illinois law sets a two-year limit for when personal injury lawsuits must be filed following an accident. If you fail to meet this deadline you will lose your right to obtain any form of compensation for the rest of your life.
Pre-Litigation Phase
The pre-litigation phase starts when you retain an attorney. During this phase your lawyer examines your case details and collects required evidence to create the basis for your legal claim. The duration of this phase generally ranges from one to three months but extends or shortens based on how complex the case is.
During this time, your attorney will:
- Review the police report
- Collect and analyze medical records
- Interview witnesses
- Consult with experts (accident reconstructionists, medical professionals)
- Your legal team will assess your financial losses including medical costs along with lost wages and compensation for pain and suffering.
- Determine liability
The demand letter your attorney sends to the at-fault party’s insurance company represents a key element of this phase. This document presents your case details along with an explanation of their client’s liability and provides an itemized list of your damages before requesting a specific settlement amount.
A recent study shows that personal injury cases reach settlements in approximately 95% of instances before reaching the trial stage. Most settlements occur in the pre-litigation stage particularly when liability is obvious and damages are clearly recorded.
Filing the Lawsuit
When negotiations before litigation fail to reach an equitable settlement your lawyer will submit a formal complaint to the proper court. The official lawsuit launch happens when your attorney files this legal document in court 3-6 months post-accident.
The complaint documents the lawsuit parties and describes the accident events while explaining the defendant’s legal liability and detailing the damages being requested.
After the lawsuit filing, the defendant (typically the other driver) receives the complaint through “service,” which informs them officially about the legal action. Defendants usually have thirty days to submit their “answer”, which addresses every point made in the plaintiff’s complaint.
The formal launch of litigation doesn’t guarantee your case will reach a trial stage. Settlement talks carry on through every stage of litigation while many cases reach a resolution between filing papers and initiating trial proceedings.
Discovery Phase
The discovery phase represents the longest stage of a car accident lawsuit which usually takes between six to twelve months to complete. Both parties formally share information and evidence about the case during this timeframe.
Discovery includes several different tools:
- Interrogatories consist of written questions that require responses under oath.
- Requests for production require parties to formally submit documents and evidence to each other.
- The Requests for admission process requires one party to formally state whether they agree or disagree with particular factual statements.
- Depositions consist of sworn interviews conducted with both witnesses and expert individuals.
During this stage both parties gain insights into the advantages and disadvantages of their respective positions. Your lawyer will use this information to adjust your strategy and the defense team will assess their possible liability.
Discovery for basic car accident cases with minor injuries finishes within 3-4 months but cases with serious injuries can exceed one year.
Settlement Negotiations
Although settlement discussions occur at every stage of a lawsuit they become more frequent after the discovery phase because both parties have better access to evidence.
The average duration to settle personal injury lawsuits and car accident claims ranges from 6 to 12 months. When cases go to trial they usually extend beyond a year.
Several factors affect settlement negotiations:
- Strength of evidence supporting your claim
- Clarity of liability (who was at fault)
- Severity of your injuries
- Insurance policy limits
- Quality of legal representation
A number of courts mandate that cases undergo mediation prior to receiving approval for trial proceedings. A neutral third party oversees settlement discussions between you and the insurance company during mediation.
Minor car accidents that do not involve injuries often reach settlements within several weeks. Complex cases often require much longer durations to resolve because they involve severe injuries and liability disagreements.
Trial Process
Your case will go to trial if all settlement negotiations fall through. The trial stage represents the final phase for merely 5% of personal injury cases because most cases achieve resolution through settlement before progressing to this point. The trial process usually starts between 12 and 24 months following the date of the car accident.
The sequence of stages in a car accident trial typically includes the following steps:
- Jury selection: Potential jurors undergo questioning from both parties to form an impartial jury.
- Opening statements: The attorneys present their case objectives during their opening statements.
- Plaintiff’s case: Your lawyer introduces proof alongside witnesses to support your legal argument.
- Defense’s case: The defense lawyer presents both their evidence and their witnesses during this stage
- Closing arguments: Both attorneys summarize their cases
- Verdict: The jury delivers their verdict on both liability and damages.
The Bottom Line
The timeline for car accident lawsuits involves multiple phases that take time to understand but knowing each phase helps you establish realistic expectations. The duration of legal proceedings can extend from several months up to several years yet the majority of cases reach resolution within a span of one to two years.
Remember these key points:
- Take swift action after an accident to safeguard essential evidence and comply with legal time limits.
- Take your time throughout the legal process because moving too quickly could lead to reduced compensation.
- Follow your lawyer’s guidance when evaluating settlement proposals.
- While your lawyer manages the legal issues you need to focus on recovering physically.
The smartest initial action in the face of potential legal action from a car accident is to seek advice from an experienced personal injury attorney. An attorney will analyze your individual case circumstances while providing a timeline explanation and guidance through legal complexities to help you obtain deserved compensation.
