Filing a Car Accident Lawsuit

Over 2.2 million motorists are injured on the roads of the United States each year while over 40,000 motorists are killed in auto accidents leading to thousands of car accident lawsuits. When an automobile accident occurs there are a variety of things that need to be taken care of by each motorist involved in the accident. Both motorist need to file claims with their auto insurance providers to help pay for any repair costs or medical expenses if the accident resulted in an injury. The next step would be to file a car accident lawsuit against one or more of the other drivers involved in the accident. Not all car accident lawsuits are filed against other motorist though. Sometimes, if an accident occurs as a result of faulty parts, the lawsuit will be filed against the manufacturer of the parts or the manufacturer of the vehicle itself.

The Process

The process of filing a car accident lawsuit takes longer than most people realize but motorists should know that each state has its own statute of limitations regarding how long a person has to file a lawsuit. The average time limit across the country for filing a car accident lawsuit is within two years of the accident occurring.

The first step in filing a car accident lawsuit is to contact and hire an automotive attorney. The attorney will be able to file the lawsuit against the defendant in the case and then head to the pre-litigation stage. During pre-litigation the attorney will process all of the damages that occurred and attempt to settle with the defendant out of court to avoid a lengthy trial process. It is quite possible for the attorney and the plaintiff to earn more money if the case is settled out of court.

The next step in filing a car accident lawsuit, while still in the pre-litigation phase, is to collect any and all medical records, medical billing records, repair estimates to the vehicle, loss of wages and any other documents pertinent to the case. This process can take more than one month in total time to complete and once it is finished the lawyer can demand a settlement from the insurance company of the defendant. If the insurance company does not decide to settle with the plaintiff then the plaintiff's attorney will issue the formal lawsuit to the court. Once the personal injury lawsuit is filed with the court a trial date is set. The date is usually set for one year from the date of the lawsuit being filed.

Things to Remember

Remember the following tips when filing a car accident lawsuit to obtain a successful settlement or ruling by the court:

• Hire a licensed, experienced attorney with proven success in the automotive lawsuit field.
• Fill out all of the forms the lawyer gives the motorist completely and honestly. If anything on the form is difficult to understand, don't hesitate to ask the lawyer questions.
• Read the fine print on the form and take as much time as needed to fill out these forms.
• Have the lawyer discuss the length of the lawsuit and what needs to be done by the client to make the process occur smoothly and without any problems.
• Have the lawyer discuss the rights of his or her client when filing a car accident lawsuit and how long the statute of limitations allows a lawsuit to be filed.
• Every form that is filled out should be photocopied and kept in a file for future reference. Do not throw anything away that is used in a lawsuit. All of the documents used in the lawsuit should be filed away for safe keeping.