September 15, 2021
The best way to understand car accident lawsuit steps after you’ve experienced a crash is to hire a personal injury lawyer with years of experience. We’ll walk you through the process as we expertly navigate complex areas of the law, fighting to give you the best chance at recovering substantial compensation.
A lawsuit after an auto accident could take months, or it could take years. Our team at Stracci Law Group aims to minimize the time it takes to obtain your compensation, and we’re committed to ensuring that you fully understand the auto accident lawsuit timeline.
We also aim to inform all visitors and readers on our website, so in this piece, we’ll explore the general timeline for an auto accident in Indiana and what you might expect.
Who Can File an Auto Accident Lawsuit?
Under Indiana law, anybody who was injured or has suffered a loss as a result of a car accident can file a car crash lawsuit and take legal action against the party at fault for the crash or the insurance company representing the party at fault for the crash.
Auto accident claim laws in Indiana allow more than just the individual who was immediately affected by the car crash to file a lawsuit. Parties indirectly involved in an accident may also file a lawsuit.
Generally, this would include the following people:
- Passengers, drivers, pedestrians, or cyclists who were injured in the crash.
- Immediate family members of those who were killed in a fatal crash.
If you or a loved one have been the victims of a car crash that caused injury or loss in Indiana, then you likely have a case. Our personal injury lawyers in Crown Point, Indiana, help you navigate this process and give you the best chance of securing the most compensation possible.
Car Accident Lawsuit Process in Indiana
We know that a car accident is a traumatizing experience, and the legal process that follows may seem complex and hard to understand. That’s why we’ve broken down the three steps in a car accident lawsuit in a way that you can easily digest.
Our Crown Point Indiana lawyers expertly navigate this auto accident lawsuit process to get you the maximum compensation pay-out.
Pre-litigation
Ok, so to answer the common question “how does a car accident lawsuit work?” we must start with pre-litigation.
This is the process of collecting evidence, facts, and all related documents that tell the story of what happened in the crash.
Initial Evaluation
It all starts with a free consultation, where we will discuss the details of the accident, determine who is likely at fault, and what the best legal strategy would be to obtain the most compensation possible.
Documentation and Calculation of Damages
During this initial discussion, we’ll take a look at your medical records to understand the extent of the damage, whether that’s physical or emotional. We’ll need to document the crash, determine the financial impact, and come to a conclusion about the total damages caused.
Crash Investigation
To ensure you have a strong case, we’ll conduct an investigation into the crash. We’ll examine police reports, photographs of the crash scene, review interviews with witnesses, and consider any other evidence that shows what happened on the day of the crash.
Our lawyers ensure we have evidence to prove precisely what happened and who is responsible.
Expert Consultation
To ensure you have the strongest possible case, we may also use expert testimony to support your claims. This might include discussions with doctors, engineers, scientists, or even accident reconstruction specialists who can prove that the accident occurred the way you experienced it.
Insurance Company Negotiation
The final part of the pre-litigation stage is negotiating with the insurance company’s lawyers. We’ll aim to obtain a fair settlement from the insurance company, but if that is not possible, we can move on to filing a lawsuit.
So, how long does a car accident lawsuit take? That depends on a multitude of factors, but the general process is explained in the next stage.
Litigation and Mediation
Filing a lawsuit after a car accident may be necessary if the insurance company refuses to pay a fair sum in compensation. Knowing how to file a car accident claim in Indiana is important – and so is having a team of lawyers who understand the system.
Filing a Lawsuit
Filing a lawsuit starts with providing the court with a written complaint. We’ll serve papers to the other party. While you may be able to do this alone if you know how to file a lawsuit for a car accident, our experienced personal injury lawyers will give you the best chance of obtaining the largest sum of compensation.
Discovery
Discovery is the second stage in the lawsuit process where both parties agree to share evidence and documents. This is a big factor in the car accident lawsuit time as the process may be lengthy and could result in some disagreements. In addition, you may be required to answer several questions during this process.
Deposition Testimony
A deposition is a process whereby you and witnesses will provide testimonies about what happened during the crash.
These testimonies are given under oath and may be taken from general witnesses, the investigating police officer, or experts who were involved in your case.
Mediation and Settlement Negotiations
At this point, the lawsuit may move on to trials and appeals, or it may be ended through mediation and settlement. No matter how strong your case, it’s always difficult to predict what will happen in a trial, which is why parties often agree to negotiate and settle the lawsuit before it goes to trial.
Mediation is a kind of dispute resolution where parties negotiate an agreement with the help of a neutral third party. It usually results in a settlement agreement and compensation.
Trial and Appeal
Sometimes a car accident injury lawsuit will end up before a judge. If both parties fail to agree to a settlement at mediation or choose to go directly to a trial, then this is what you should expect.
Trial Court
As we’ve discussed, personal injury lawsuits for a car accident are typically resolved with a settlement, but it’s entirely possible for the case to end up before a court. Your trial could last either a few days or a few weeks, depending on the evidence presented, the length and complexity of the witness testimony, and how long it takes a judge or jury to decide on your case.
Once the jury or judge makes a decision, the trial is over. However, if the attorney believes that the court made an error, the case may move on to the Court of Appeals.
Court of Appeals
You or the other party in your case may request that a higher court review your case. Such a filing cannot be made unless that court is believed to have made a serious error. If there are real grounds to appeal in your case, then it may be filed with an appellate court.
Indiana’s Trusted Car Accident and Personal Injury Specialists
Car accidents are traumatic and can inflict real pain, whether that’s emotional, physical, or financial. That’s what makes a personal injury lawsuit so important after you, or a loved one is hurt or impacted by somebody else’s actions.
To find out more about the auto accident lawsuit process from seasoned personal injury attorneys in Indiana, call Stracci Law Group today for a free consultation.
