Car Accident Lawsuit Process: Lawsuit Phases

Roughly 1.3 million people die yearly from car accidents, and more than half of the people are afflicted with non-fatal injuries. Many usually incur a disability on account of their injury, and this is where Donig Law comes in. When you or a loved one is in a fatal accident, you may face an emotional and economic uncertain future. You will have to make financial and legal decisions during this trying time. 

To preserve your right to maximum compensation for your losses, we recommend you consult with an experienced lawyer for legal guidance. What’s involved in a car accident lawsuit? 

Phases of a Car Accident Lawsuit 


The early lawsuit phase involves building a case with a skilled personal injury lawyer and concessions with the insurance company. You will talk through the details of your case with your attorney and find out whether you have an authentic injury claim. Here, you should anticipate several questions from your attorney and ask questions of your own too.

The lawyers will need medical records, medical bills, and medical history documents associated with the accident. This is so that the lawyers can comprehend the degree of the psychological, physical, and emotional injuries you endured from the crash. Once they’ve documented the level of the accident’s impact, they will have an approximation of the payment you could be entitled to. 

Additionally, your lawyer may:

  •  Question witnesses or acquire copies of their statements
  •  The attorney may acquire copies of police reports
  •  The lawyer may also assess the other vehicle’s condition
  •  Obtain photographs of the accident site, your car, and the other party’s car
  •  The attorney may also pull up mobile phone records of the negligent party to help in the lawsuit

After intense negotiation, many lawsuits are resolved with insurance companies without going to court. Your attorney will negotiate with the other party’s insurance company with a demand letter to try and settle the case without a lawsuit. If the insurance company declines to offer a reasonable settlement, the claim advances to a lawsuit.


In this phase, you are guided in formally filing a lawsuit countering the other party and thus involving the court. You are required to issue the court with a written complaint and other documentation, pay a filing fee and give your papers to the respondent. The lawsuit process may take as many as a couple of months or several years. Working with a skilled attorney is advised. 

Both parties share proof, credentials, and other necessary information in a process known as discovery. You should know that at any point, both parties can agree to negotiate a payment. Depositions-declarations taken under oath- are given in court, and your attorney will prepare you before that. 

Since lawsuits entail a certain level of risk, the attorneys often attempt to settle cases through mediation without going to court. The mediator will try to help you agree on a settlement amount. If the intercession is not successful, your case will go to trial. 

Trial and Appeal

A jury trial is anticipated when a case goes to trial. The jury will give a verdict depending on the facts presented and the law. The trial can last a couple of days or weeks, and if the jury rules to your advantage, the trial process is concluded. 

Alternatively, you and your attorney can file for an appeal if you both are sure that the court made a legal mistake. The appeal involves requesting the high court to review your case. The process is intricate and entails several probable results. 

The Common Causes of Car Accidents

Being involved in a car accident can cause several undesirable consequences. At Donig Law we would like to inform you about some common causes of car accidents. 

 1. Distracted drivers

 2. Driving above the speed limit

 3. Drivers who go through the red light

 4. Traveling under alcohol or drug influence

 5. Irresponsible driving-ignoring rules of the road

 6. Driving when it’s raining-water generates slick, hazardous surfaces for vehicles

 7. When drivers don’t correctly make safe lane turns

 8. Driving in the cold winter with ice and snow on the road

At Donig Law, we are honored to represent injury victims in cases involving car accidents. Contact our office to get your case evaluated and schedule a free consultation. Our law firm has a proven track record of success in settlements and trials. We are prepared to handle your accident claim.

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