How To File a Car Crash Lawsuit [Step-by-Step Guide]

Step 1: Seek Medical Attention

Getting medical attention immediately after a car crash is not optional.

Even if injuries seem minor, symptoms can appear hours or days later, such as those related to traumatic brain injury (TBI).

Prompt treatment ensures your health is protected and begins the paper trail needed to support your legal claim.

Why It Matters

Medical records provide a clear link between the accident and your injuries.

Insurance companies and defense attorneys often try to argue that injuries were pre-existing or unrelated.

Without timely medical documentation, it becomes harder to prove your case.

Specific steps to take include:

• Go to the emergency room or urgent care right after the crash
• Follow all physician instructions and attend every follow-up
• Keep copies of medical bills, imaging results, prescriptions, and diagnoses
• Document all symptoms, even if they worsen gradually

Don’t Delay, Even for Mild Symptoms

Headaches, dizziness, back pain, or stiffness may signal more serious issues like concussions or spinal injuries.

The longer treatment is delayed, the easier it is for insurers to claim the injury or trauma didn’t stem from the crash.

With the help of an experienced attorney, your medical records become the foundation for your legal claim and a major factor in calculating fair compensation.

Step 2: Consult a Car Crash Lawyer

After getting medical care, the next step is to consult a qualified car crash lawyer.

Legal support is especially important when injuries are severe, fault is disputed, or insurance companies delay or deny payment.

Why Legal Representation Matters

Personal injury law is complex.

Having an attorney means you’re not alone when facing the following:

• Aggressive insurance adjusters
• Complicated legal paperwork
• Confusion over who is at fault
• Unclear or undervalued settlement offers

What a lawyer will do includes:

• Evaluate your case and potential damages for the car accident settlement
• Identify all liable parties, not just the at-fault driver at the accident scene
• Handle communication with insurers
• Preserve evidence, such as police reports and witness statements
• File your lawsuit within legal deadlines
• Guide you through every phase of the legal process

Don’t Wait Too Long

In states like Illinois, there’s a statute of limitations that restricts how long you have to file a lawsuit.

Waiting too long could mean losing your right to pursue compensation altogether.

At TorHoerman Law, we offer free consultations to review your case and provide the guidance you need.

With the help of an experienced attorney, victims can move forward confidently and focus on their recovery, not legal stress.

Step 3: Investigation and Evidence Collection

After taking on your case, your car accident attorney will begin a detailed investigation to establish liability and determine the extent of your damages.

This step is critical in most car accident cases to build a persuasive argument for compensation.

Key forms of evidence in a car crash lawsuit often include:

• Police reports that document the scene, statements, and any citations
• Medical records and expert opinions linking your injuries to the crash
• Eyewitness statements to verify how the accident occurred
• Photographs or video footage from the crash scene or nearby surveillance
• Crash reconstructions by specialists who can recreate the incident and assess vehicle speeds, angles, and impact

In some cases, cell phone records, black box data from the vehicles, and weather or traffic conditions at the time of the accident may also be relevant.

Your personal injury lawyer will gather and organize all this evidence to demonstrate the other party’s negligence and justify your claim for damages.

An experienced car accident lawyer will also advise you not to speak directly with insurance adjusters during this phase, as they may attempt to extract statements that hurt your case.

TorHoerman Law handles all communication to ensure your rights are protected from day one.

Step 4: Filing the Complaint

Once your attorney has reviewed the evidence and determined there’s a strong case, the next step is to formally file the complaint.

This is what officially starts the lawsuit.

What Is the Complaint?

A legal complaint is a pleading that starts a case, a written document submitted to the appropriate court.

It outlines details including:

• The names of the parties involved
• When and where the motor vehicle accident occurred
• The injuries sustained
• The specific acts of negligence by the defendant
• The compensation being sought

This document must be filed within the statute of limitations, or the claim may be barred.

What Happens Next?

The defendant is then “served” with the complaint and given time to respond.

This often leads to legal back-and-forth as each side begins to build its case.

Filing the complaint sets the stage for negotiation or, if necessary, trial.

Filing correctly and on time is crucial.

A reputable law firm like TorHoerman Law ensures that all paperwork is thorough, timely, and compliant with court rules, giving your car accident claim the strongest possible start.

Step 5: The Discovery Process

Once a car crash lawsuit is filed and the defendant responds, the case moves into the discovery phase.

This is a formal period in which both parties exchange relevant information and gather the evidence needed to support their claims and defenses.

Discovery plays a vital role in shaping the strategy and strength of each side’s argument.

During this stage, both the plaintiff’s and defendant’s attorneys request documents, submit written questions (called interrogatories), and schedule depositions.

These are sworn, out-of-court testimony taken from involved parties, eyewitnesses, medical professionals, and accident reconstruction experts.

The process also involves obtaining medical records, crash reports, vehicle damage assessments, and other relevant materials.

If necessary, the attorneys may also file requests for admissions, which require the opposing party to admit or deny certain facts about the case.

The purpose of discovery is to ensure transparency and reduce the element of surprise during trial.

It allows both sides to fully evaluate the case’s strengths and weaknesses.

In many instances, important facts surface that either encourage a settlement or reinforce the need to proceed to court.

If the defendant’s auto liability insurance coverage is inadequate or if new evidence reveals a stronger basis for liability, the plaintiff’s position becomes significantly stronger.

Due to the complexity of the discovery phase, it often takes the longest time among the other steps involved in car accident cases.

Step 6: Settlement Negotiations

In most instances, car accident cases settle before reaching the courtroom.

Once the discovery phase concludes and both sides have a clear understanding of the evidence, the parties often begin negotiating a resolution.

Settlement negotiations can happen informally between attorneys or through formal mediation processes.

The goal of these negotiations is to agree on a fair compensation amount that covers the full extent of the victim’s damages.

This includes not only immediate medical expenses, but also future treatment costs, lost wages, psychological effects, and pain and suffering.

A well-prepared legal team will use the evidence gathered during discovery — including medical records, expert evaluations, and proof of liability — to justify the full value of the claim.

However, insurance companies often attempt to minimize payouts, offering low initial settlements in hopes the victim will accept quickly.

An experienced attorney will push back against these tactics and calculate a settlement that reflects the long-term impact of the injury.

While auto accident lawsuits can proceed to trial if necessary, settlements are often preferable for victims who want to avoid the stress and unpredictability of court.

With the help of TorHoerman Law, clients can confidently navigate negotiations and make informed decisions about whether to settle or continue to trial.

Step 7: Going to Trial (If Necessary)

If settlement negotiations fail, the case proceeds to trial.

During this stage, both sides present their arguments, evidence, and witness testimony before a judge or jury.

Personal injury claim trials can be complex, requiring clear proof of negligence and damages.

The court will determine liability and the appropriate compensation for the injured party based on the facts presented and the state’s car accident laws.

Going to trial can be necessary to achieve fair results, especially when fault is disputed or damages are substantial.

TorHoerman Law ensures clients are thoroughly prepared and well-represented throughout the litigation process.

Step 8: Receiving Compensation

Once a verdict is reached or a settlement is accepted, the injured party may receive compensation to cover various damages stemming from the accident.

Compensation typically includes reimbursement for medical treatment, lost wages, pain and suffering, property damage, and long-term care if applicable.

If the claim is successful and there are no appeals, the insurance company — either the defendant’s or your own, depending on the circumstances — will disburse the agreed-upon funds.

It’s important to understand that compensation varies based on the severity of physical injuries, the clarity of liability, and the total cost of recovery.

If the crash resulted in fatalities, wrongful death claims can provide compensation that will also cover loss of companionship, emotional distress, and financial support for dependents.

Victims should not speak with the insurance company immediately after the crash without legal guidance, as early statements can be used to devalue a claim.

An experienced personal injury attorney will ensure that all losses are fully calculated before any offer is accepted.

TorHoerman Law works to maximize the value of every claim, helping clients recover financially so they can focus on healing.

Whether through settlement or verdict, securing fair compensation is the final, crucial step in the personal injury lawsuit process.

Common Issues That Arise in Car Accident Lawsuits

Even when the facts seem clear, motor vehicle accident lawsuits often involve complicated legal and procedural hurdles.

We’ve shared some of the most common challenges injury victims face when pursuing compensation.

Common issues include:

• Comparative Fault
• Insurance Denials
• Lowball Settlement Offers
• Delays and Procedural Issues
• Uninsured or Underinsured Drivers

Comparative Fault

In states like Illinois, the concept of comparative negligence allows for fault to be shared between multiple parties.

If a victim is found partially at fault — for example, by speeding or failing to signal — any potential compensation may be reduced proportionally.

Insurance Denials

Sometimes, insurance companies outright deny legitimate claims.

The company may argue that the insured was not at fault or that certain damages are not covered due to the terms of the insurance policy.

A lawyer can appeal the denial, present supporting evidence, and take legal action if necessary.

It is never advisable to accept an insurance denial without legal review.

Lowball Settlement Offers

Many victims receive initial offers that do not reflect the full extent of their damages.

An experienced law firm like TorHoerman Law will negotiate aggressively, ensuring clients are not pressured into accepting insufficient settlements.

Delays and Procedural Issues

From filing errors to missed deadlines, procedural mistakes can derail auto accident lawsuits.

Working with a law firm from the beginning helps avoid delays and keeps the case on track.

Uninsured or Underinsured Drivers

If the at-fault party lacks sufficient insurance, victims may need to file claims through their own policies.

These situations require navigating complex uninsured/underinsured motorist provisions, which can be confusing without legal assistance.

TorHoerman Law: Contact Us to Schedule a Consultation

Navigating a car accident lawsuit can feel overwhelming, especially when physical injuries, emotional stress, and financial uncertainty are involved.

From gathering evidence to negotiating with insurance companies and pursuing fair compensation, every step of the process matters.

Understanding the legal system, knowing one’s rights, and seeking timely medical treatment are essential in building a strong case.

Partnering with an experienced law firm like TorHoerman Law can make a significant difference.

Our legal team is committed to helping victims of motor vehicle accidents understand their options, protect their rights, and pursue the compensation they deserve.

Whether a case settles early or proceeds to trial, dedicated legal guidance ensures no one faces the journey alone.

Reach out to us today to schedule a free consultation. 

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