Car Accident Lawsuit Process Explained
Tor Hoerman has represented injured individuals for more than 30 years, with experience spanning individual personal injury cases and nationwide mass tort litigation. His work includes car accidents, catastrophic injuries, product liability claims, and other serious injury cases. Tor has served in court-appointed leadership roles in national litigation and tried cases involving major corporate defendants.
TorHoerman Law’s legal content is researched and written by our editorial team and attorneys for legal accuracy, clarity, and relevance. We rely on statutes, court records, government publications, medical research, and other authoritative sources when applicable. This page provides general legal information and does not constitute legal advice.
TorHoerman Law reviews its legal content for factual accuracy, current information, and relevant legal context before publication and as material developments occur. This article is provided for general informational purposes and does not constitute legal advice. For guidance about a specific case, contact TorHoerman Law.
On this page, we’ll discuss the car accident lawsuit process, what to do after you’ve been in a car accident, who qualifies to file a car accident lawsuit, and much more.
In the aftermath of a car accident, understanding the intricacies of the legal process becomes crucial.
Whether you’re a seasoned driver or an injured passenger, the aftermath of a collision can leave you feeling overwhelmed.
Following the collision, car accident victims are left with numerous questions.
Many injured victims are unaware of their legal rights and how they can seek justice fro what they’ve been through.
If you’ve been the victim of a car accident due to another driver’s negligence, you may be eligible to file a car accident claim.
A successful car accident lawsuit can set you up for a settlement that can offset the financial burdens you’ve suffered after the accident.
A car accident settlement can cover your out-of-pocket expenses like medical bills and vehicle repairs.
With the right car accident and personal injury attorney by your side, you can recover non-economic damages like pain and suffering.
You do not need to navigate the car accident settlement process alone.
We are here to help you achieve justice and fair compensation.
Contact TorHoerman Law for a free consultation.
You can also use the chatbot on this page to find out if you qualify for a car accident lawsuit instantly.
Experiencing a car accident at no fault of your own is jarring, but your immediate actions can significantly impact the outcome.
Fortunately, by understanding what to do after a car crash, you can maximize your chances of a successful car accident lawsuit.
Immediately after the car wreck, follow these steps:
Let’s talk about these steps in greater detail.
Your safety and the safety of others involved should be your primary concern.
If your vehicle is obstructing traffic — and if you’re able — move it to the side of the road.
Check yourself and others for injuries, and if anyone is hurt, call for medical assistance immediately.
Seeking immediate medical treatment will not just get you on the road to recovery.
It will also give you access to medical records.
You will also receive a diagnosis documenting your injuries.
Both will be pivotal pieces of evidence in your car accident claim later on.
After contacting emergency medical services to seek medical attention, you must get law enforcement involved too.
Law enforcement will document the accident, recover witness statements, and gather information about you and the other driver.
It is extremely important that you DO NOT admit fault in the accident.
Admitting fault, especially to a law enforcement officer, may greatly impact your ability to take legal action.
The evidence gathered by law enforcement personnel will go into a police report, which will be critical to your car accident case.
It can also serve as additional evidence when the other driver’s insurance company tries to negotiate with you.
Documenting the accident scene is crucial for building a strong case.
If it’s safe to do so, take clear and comprehensive photos or videos of all relevant aspects.
Capture the damage sustained by each vehicle involved, the positioning of the vehicles, and any visible injuries.
Photograph skid marks on the road, road signs, and traffic signals if they are relevant.
These visual records serve as critical evidence to reconstruct the sequence of events accurately.
Installing a dash-cam is a great way to protect yourself and ensure you have video record of any accidents.
Communicating and sharing information with the other parties involved is also crucial to your personal injury claim.
You must exchange contact details, including names, phone numbers, addresses, and insurance information.
If there are any witnesses present, gather their contact details as well.
Eyewitness accounts can provide invaluable perspectives that may support and corroborate your version of events.
While law enforcement will do this, it’s a good idea to have your own copy of eyewitness statements and testimonies.
If you were injured at no fault of your own, you may be entitled to pursue compensation for any damages and injuries you’ve suffered after your accident.
You can’t do this alone — you need an experienced attorney who specializes in car accident lawsuits.
Working with an experienced attorney can maximize your chances of recovering an auto accident settlement.
Leveraging experience in car accident claims, your attorney can build your case, give you the upper hand in settlement negotiations, and deal with the other driver and the driver’s insurance company on your behalf.
If you need an attorney who can help you recover damages, we are a call away.
Contact our car accident lawyers at TorHoerman Law and get a free case evaluation.
You can also use the chatbot on this page to see if you qualify for a car accident or personal injury claim.
After a car accident, having a seasoned car accident lawyer by your side can significantly alleviate your burden.
Here’s how their expertise can guide you through the complex journey ahead:
Once you’ve sought legal representation, your lawyer will conduct an initial consultation.
They’ll help you understand your rights and assess the merits of your case, ensuring that you’re informed before proceeding.
Your attorney will meticulously investigate the accident, gathering essential evidence such as accident reports, medical records, and expert testimonies.
An experienced car accident lawyer has a process that ensures that no crucial detail is overlooked.
Calculating damages comprehensively is highly important.
Your lawyer will evaluate medical expenses, property damage, lost income, and intangible losses like pain and suffering, ensuring a comprehensive claim.
Engaging with the other driver’s insurance company can be arduous.
Fortunately, this is another part of the car accident settlement process that your attorney can help with.
Your lawyer’s skilled negotiation will safeguard your interests, ensuring a fair settlement.
They’ll navigate the legal jargon, deal with the opposing party’s insurance provider, and fight for the compensation you deserve.
If negotiations don’t pan out, your personal injury lawyer will proceed with filing a lawsuit.
Our attorneys will navigate the legal paperwork, determine the appropriate court, and serve the defendant, all while adhering to legal timelines.
During the discovery and pre-trial phase, your car accident and personal injury attorney will exchange information with the opposing side, depose witnesses, and strategize for a trial if necessary.
Their meticulous preparation bolsters your position.
Most car accident claims don’t escalate to a trial.
However, this doesn’t mean that you should be unprepared for a court trial.
Should your case proceed to trial, your lawyer will meticulously prepare and maximize your success in court.
From cross-examinations to crafting compelling arguments, their skills and expertise in the courtroom will become your greatest asset.
The car accident lawsuit process can differ from one person to the next since no two cases are exactly the same.
Most car accident cases will consist of these steps:
In the pre-trial phase, your attorney will draft and file a legal complaint, outlining the details of the accident, the parties involved, and the damages you’re seeking.
The defendant will then be formally served with the lawsuit and given the opportunity to respond.
This phase also involves a process known as the discovery phase, where both sides exchange information and evidence.
This evidence can include written questions (interrogatories), document requests, and depositions, which are recorded interviews that help gather vital information.
Once both sides have presented their statements and evidence, discussions about compensation can begin.
During negotiations, the at-fault driver’s insurance provider will make a settlement offer.
You can either accept the offer or decline it based on whether or not you feel it suffices.
A personal injury lawyer will be critical at this stage.
Your attorney will help ensure that you receive a fair settlement offer from the at-fault driver’s insurance company.
While most car accident lawsuits resolve outside the courtroom, a trial is always a possibility.
As the trial begins, several phases come into play.
The first step in the trial process is jury selection.
Jury selection is the process of choosing jurors from a pool of candidates.
Next, both sides deliver opening statements to outline their case’s key points.
Witnesses are then called to present evidence, and experts may testify to support your claims.
Cross-examination by the opposing counsel challenges the credibility and statements of your witnesses.
The closing arguments wrap up the presentations, with each side summarizing their case and emphasizing supporting evidence.
After the presentation of evidence, the jury deliberates and reaches a verdict.
If the verdict is favorable, you may be awarded compensation for the damages you’ve incurred.
Following the verdict, post-trial motions can be filed by either party to challenge the outcome based on legal errors or new evidence that may have emerged during the trial.
Car accident settlements are based on the damages you’ve suffered following the accident.
In car accident lawsuits, victims can seek compensation for the losses and injuries incurred as a result of the accident.
We can broadly categorize these damages into two main types: economic damages and non-economic damages.
Economic damages refer to tangible and quantifiable losses.
Because of their quantifiability, personal injury attorneys can easily calculate them.
Economic damages typically include the following:
Of course, not all damages in auto accident lawsuits come with a set dollar value.
Damages that are subjective and reflect intangible losses are non-economic damages — and they are much more challenging to calculate.
Non-economic damages include the following:
To strengthen your case, you need the right pieces of evidence.
In a vehicular accident, the following kinds of evidence will make your claim more compelling and hold the opposing side accountable to pay you a fair settlement amount.
Here are the best pieces of evidence to gather and retain after you’ve been in a car crash:
Statutes of limitations are time limits set by the law for taking legal action.
These statutes determine how long you have from the date of your accident to file a personal injury lawsuit against at-fault parties.
These statutes or time limits vary from one state to another.
In Illinois, the statute of limitations for a personal injury case like an auto accident is two years from the date of the incident.
In Missouri, the time limit is longer at five years.
Car accidents can be traumatic, and having an experienced car accident lawyer on your side can make all the difference when it comes to investigating the accident, negotiating with the auto insurance company and insurance adjusters, navigating insurance coverage, and ensuring that you receive fair compensation.
Our car accident attorneys will guide you through the legal process while you focus on maximum medical improvement.
If you’ve been in a car crash, understanding the process, gathering strong evidence, and filing your lawsuit within the state’s statute of limitations are all vital steps to take.
However, you cannot do all of this alone.
With our attorneys by your side, you can maximize your chances of a successful lawsuit and be a step closer to a fair auto accident settlement.
We are here for you.
Contact TorHoerman Law for a free consultation.
You can also use the chatbot on this page to find out if you qualify for a car accident lawsuit instantly.
Owner & Attorney - TorHoerman Law
Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.
Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?
TorHoerman Law represents people whose lives have been disrupted by serious injuries, unsafe products, and negligence. Our attorneys handle individual personal injury cases as well as national mass tort lawsuits involving major corporations.
Founded in 2009, our legal team brings more than 100 years of combined experience handling serious injury and complex civil litigation.
Do you believe you’re entitled to compensation?
Use our Instant Case Evaluator to find out in as little as 60 seconds!
In this case, we were able to successfully recover $20 Million for our client after they suffered a Toxic Tort Injury due to chemical exposure.
In this case, we were able to successfully recover $103.8 Million for our client after they suffered a COX-2 Inhibitors Injury.
In this case, we were able to successfully recover $4 Million for our client after they suffered a Traumatic Brain Injury while at daycare.
In this case, we were able to successfully recover $2.8 Million for our client after they suffered an injury due to a Defective Heart Device.
Here, at TorHoerman Law, we’re committed to helping victims get the justice they deserve.
Since 2009, we have successfully collected over $4 Billion in verdicts and settlements on behalf of injured individuals.
Would you like our help?
They helped my elderly uncle receive compensation for the loss of his wife who was administered a dangerous drug. He consulted with this firm because of my personal recommendation and was very pleased with the compassion, attention to detail and response he received. Definitely recommend this firm for their 5 star service.
When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.
TorHoerman Law is an awesome firm to represent anyone that has been involved in a case that someone has stated that it's too difficult to win. The entire firm makes you feel like you’re part of the family, Tor, Eric, Jake, Kristie, Chad, Tyler, Kathy and Steven are the best at what they do.
TorHorman Law is awesome
I can’t say enough how grateful I was to have TorHoerman Law help with my case. Jacob Plattenberger is very knowledgeable and an amazing lawyer. Jillian Pileczka was so patient and kind, helping me with questions that would come up. Even making sure my special needs were taken care of for meetings.
TorHoerman Law fights for justice with their hardworking and dedicated staff. Not only do they help their clients achieve positive outcomes, but they are also generous and important pillars of the community with their outreach and local support. Thank you THL!
Hands down one of the greatest group of people I had the pleasure of dealing with!
A very kind and professional staff.
Very positive experience. Would recommend them to anyone.
A very respectful firm.