Introduction: Understanding Your Car Accident Case Timeline
It's complicated.
If you happen to do a Google search for the steps in an auto accident case, on quick review, it is anywhere from three to a dozen...or more.
The truth is, any of these numbers can be true. Every auto accident case is different. Every driver is different. Different insurers handle claims differently. The court where your case is filed has a different caseload than other courts.
The common denominator is that all of these factors are out of your control.
If you have been in an auto accident, one of the last things you need is to feel out of control - again.
That is why you need an auto accident attorney who understands the process of an auto accident case and how to navigate the legal process that, with the right guidance, can return your life to normal and even some sense of control.
The First Step Primarily Depends on You
Unfortunately, the first step was the accident. What happens immediately afterward can set the stage for everything that happens in the legal process.
If you are not seriously injured, you can take several steps at the scene that:
- May help an attorney shortcut the work he or she has to do, possibly resulting in a faster resolution to your case
- May help you win your case or get a larger verdict or settlement because of evidence that the other side may not have.
Essential Steps to Take at the Accident Scene
If you do not require immediate medical attention, here are some things you can do to make the rest of your case easier for you to win.
- Take pictures/videos of the vehicles, your surroundings, the other driver, and any other people standing around who may be witnesses
- Exchange identification with the other driver (preferably a driver's license to make sure that the other driver has one that is valid) and insurance information (again, to make sure that the other driver is insured)
- Try to get names and contact information of any witnesses who may be in the vicinity
- Immediately write down everything you can recall about how the accident happened
Key Details to Document:
- What were you doing when the impact occurred?
- When did you first see the other vehicle?
- Did you see what the other driver was doing just before the accident occurred (e.g., on the phone)?
- What was the weather like?
- Were all traffic signals functioning? Street signs visible?
- Was traffic heavy or light?
- Anything unusual like an emergency vehicle like an ambulance navigating through traffic?
At the time you start to consider that a lawsuit may be necessary to return your life to some sense of normalcy, you should understand that the steps to a positive outcome in court do not follow a smooth path. The legal process can be narrowed down to a few steps, but when these steps occur and whether they occur at a timely pace depend on a number of factors.
When the Legal Process Begins
As soon as possible after the accident occurs, you should start taking steps to protect your legal interests in the case. If you are unable to go to meet an attorney in his or her office due to hospitalization or injuries that require you to recuperate at home, many attorneys will come to you, or you may be able to do a virtual meeting using Zoom or another program. The first step is to find the right attorney for your case. If an attorney is unable to meet you on your terms, you may want to look for another.
Choosing an Attorney for Your Car Accident Case
Choosing the right attorney for you may be the most important decision you make in your case. If you watch tv, you have undoubtedly been barraged by ads telling you how successful certain attorneys are in representing auto accident victims. Remember two things before you select an attorney based on these advertisements:
- While the bar associations regulate what attorneys can say in their advertising, each one will likely take it the boundaries allowed if they are going to pay for advertising. This makes it difficult to determine which attorney is best.
- The advertisements do not provide you with any chance to assess your chemistry with the attorney. While the ads may give you some glimpse into the attorney's personality, it is critical to have to be comfortable with your attorney and the style and methods used to handle your case.
Factors to Consider When Selecting an Attorney
In addition to the personality factors, you should also consider factors are more objective and can be verified through the state or local bar association.
Many attorneys handle many different types of cases. An attorney who was in court handling a divorce this morning, in the office writing a will this afternoon, and meeting you to discuss your accident later may not be the best attorney for your case. The law regarding auto accidents has many twists and turns that an attorney who only occasionally represents auto accident victims may not be the best choice, especially if there are unique factors in your case. State bar websites usually list the areas of law an attorney has experience in. In addition, some states offer specializations in specific areas of the law. In those jurisdictions, it is easier to find an attorney who has been certified as experienced and knowledgeable in a particular area of practice.
Specialized Cases Requiring Specific Expertise
Examples of cases where specialized expertise is important include accidents that involve motorcycles or commercial vehicles like semi-trucks. Both of these vehicles have specific issues that can affect the outcome of your case if your attorney is not familiar with them. For example, motorcyclists are subject to laws that don't apply to someone operating an automobile, such as the requirement to wear a helmet and, in some jurisdictions, illegally splitting lanes (such as driving between two cars to get ahead of them).
Commercial vehicles are subject to very strict regulations under state and federal laws. For example, a commercial truck driver can only drive for a certain number of hours within a time period, and the drivers are required to keep a log of their driving time. Unfortunately, many truck drivers are under pressure from the company they drive for, or the trucking company's clients, to get from Point A to Point B as quickly as possible to keep their stream of profit moving. These drivers may be suffering from fatigue or be careless in operating their rig to reach the goals set by their employer.
The Investigation of the Accident and Collection of Evidence
Once an attorney decides to take your case, an investigation will begin. Many law firms that handle auto accident cases on a regular basis employ their own investigators, have one on retainer, or have some that they use regularly in their cases. These investigators do most of the legwork for the case, but any of the information you captured at the scene can be very useful to them.
What Investigators Look For
Some of the things an investigator may do include:
- Locating and interviewing witnesses
- Visiting businesses in the area of the accident that may have surveillance or security video that could have captured any evidence of how the accident happened
- Conducting surveillance on other people involved in the accident to see if their behavior supports any injuries they may be claiming (for example, if the other driver says that debilitating back pain resulted from the accident, an investigator may observe them mowing their lawn or playing golf and present this as evidence that the claimed injuries are exaggerated)
Document Collection Process
Your attorney or someone at the firm such as a paralegal will also help put together the information needed to file your case. For example, the police report of the accident will be critical to the case. If you were injured, your medical records, including your medical bills and insurance information, will be requested. If you have a history of prior medical conditions that could be relevant to your injuries from the accident, a medical history may be requested. For example, if the anxiety from the accident caused you to have a heart attack, any previous treatment for a heart condition will be relevant to your case. The other side may claim that you were already suffering from a heart condition, so the accident was not the sole cause of your heart attack.
The Legal Process: Step-by-Step Guide
The Complaint Is Filed
Once the results of the investigation and collection of records are completed, your attorney will decide on the legal theories to be alleged against the defendant. The legal theories can be critical to the amount of money you can receive. For example, if an eyewitness says that the person who hit you ran a red light at an excessive rate of speed, the legal theory could be more than just negligence. If you have ongoing medical issues related to the accident, it is important to understand how long the issues may last and what kind of continuing treatment may be required.
Wait for the Answer
The defense usually has 30 days to file an answer to the complaint. This is a good example to begin to answer the often-asked question by victims of auto accidents: how long will it take?. Remember that some time has already passed since the accident with the investigation and gathering of medical records and other evidence. Once your complaint is filed, another month may pass (or more) before you learn the defenses that are being claimed by the other side. If all is clear cut in the complaint and answer, which isn't always the case, this just opens the door to other steps that can take months unless your claims are so airtight that the other side decides to settle. In most situations, the other side is going to be the other driver's insurance company which will do whatever is necessary to either avoid payment or keep the ultimate payout to a minimum.
Motions
The other side may file a Motion to Dismiss or a Motion for Summary Judgment. This means that they claim that the accident wasn't their fault or, for some other reason, you have no legal grounds to receive anything from them. If this happens, your side has a period of time to file an answer to their motion, usually 20-30 days. Again, another month can pass before any further action is taken. While your attorney will want to move your case along, you also want to make sure that all of the allegations made by the other side are thoroughly investigated and answered, not just factually, but legally in terms of laws that apply and previous cases that have ruled and set precedents in similar situations.
Discovery
The discovery process may be the most important part of any litigation but, again, it adds time to the resolution of the case. Once one side serves the other with discovery, there is again another month allowing answers to their questions. Then, once served with the answers, the other side has additional time to respond to your answers.
Written Discovery
The first portion of discovery consists of questions that can be answered in writing and/or by providing evidence such as medical records. You will be served with documents such as Interrogatories, Requests for Production, and Requests for Admission. Each of these may request different information, or the same information in different forms of responses.
Depositions
Once the written discovery has been exchanged, each side may request depositions of those who have information about the case. Any parties involved in the accident, a doctor who treated you, witnesses to the accident, and basically anyone with information pertinent to the facts may be deposed. Many people who have been through a deposition refer to it as a mini-trial because you are questioned under oath by the other side. The rules of evidence are minimized in a deposition because it is still a form of discovery for fact-finding. Your attorney can object to "form" (how a question is asked) or to specific questions that may be irrelevant to the case itself, but this still gives the other side a lot of leeway in what you can be asked.
Settlement Talks
At any point in the process of your case, either side may reach out to settle the case without going to trial. In most instances, nobody wins when you go to trial because of the time and expense involved.
- You have to wait for a trial date.
- Depending on the complexity of your case, a trial could last several days or even weeks, as numerous witnesses may be called to testify.
- The judge may be aggravated if you are taking up time on the trial schedule when your case could have been easily settled.
- If there is a jury, you have to go through a process called voir dire to make sure that jurors are no biased against your case.
Mediation
Mediation may also be an option. As opposed to a judge in court, a mediator will hear both sides of the case and make a ruling as to liability and damages. This is another time when having an experienced auto accident attorney can be critical to a favorable resolution to your case. Some cases are better suited for mediation than others and an attorney who has been through trials and settlements and mediation in auto accident cases understands the best venue for the best outcome in your case.
Trial
If you go to trial, regardless of the strength of your case, you are submit to human behavior. Whether a judge or jury, every human being has some bias or prejudice. While legal principles must be applied, they then go through the filter of the decision-maker(s). For example, if the person who caused the accident is a disabled veteran and you never served in the military, there are always those who may automatically side with the veteran, especially if he or she had a condition that was caused during military service that contributed to the accident. Those with that bias may be hesitant to assign blame for the accident to the veteran due to sympathy for the condition such as loss of hearing that dulled the sounds of warning car horns honking.
Appeal
In civil litigation, either side may appeal the verdict. If you lose, you may file an appeal if there is a legitimate reason to do so. For example, if the court disallowed evidence that was critical to proving your case, you could appeal to a higher court that the judge was in error in excluding the evidence. Once again, this could add a year or more to the resolution of your case. Even then, the appellate court may order your case back to court to resolve the error.
If you win, the other side may appeal if there is any legitimate reason to do so. An insurance company maintains reserves to pay claims and the longer the reserves are in the bank, the more profitable the insurance company appears on paper which is important to its ratings in the industry. So, with any reason short of abusing the court process, the insurer may file an appeal just to keep money in their coffers longer, even if they eventually lose the appeal.
Summary
Now that you have a better understanding of how an auto accident case moves through the legal system, you probably also have a better understanding of the importance of finding the best attorney for your case.