The law is a complex beast. Even seemingly straightforward cases require years of legal experience to execute properly.
If you’ve had a car accident, you may be feeling overwhelmed by the prospect of seeking compensation. However, knowing what’s ahead of you will help you to approach the process with a positive mindset. In this article, we set out a step-by-step guide for what to expect during an auto accident lawsuit.
1. Before Taking Legal Action
It’s important to note that a lawsuit should never be your first priority when it comes to dispute resolution. Depending on your circumstances, there may be no need to undergo the auto accident lawsuit process.
First, if you’ve been in a road accident, you should assess whether you’ll be able to get what you need from an insurance claim before you decide to take anyone to court. The majority of car accident claims in Pennsylvania are settled through insurance.
Pennsylvania is a “no-fault” state when it comes to auto insurance. This means you’ll be entitled to file a claim with your own insurance company regardless of whether you were to blame for your collision. So, even if the other driver in your accident was entirely at fault, you may not need to file any legal action against them.
The most common issue that arises here is that of policy limitations. Minimum motor insurance requirements in the state are relatively low; if you’ve had a serious accident that has incurred significant costs, it’s likely your insurance policy won’t cover all of them.
2. Filing the Initial Complaint
Once you make the decision to file a car accident lawsuit, your lawyer will file an initial complaint on your behalf in the relevant court.
The vast majority of car accident cases are filed in state court. The only exceptions are generally “diversity cases,” where the plaintiff and defendant are citizens of different states and the case is worth more than $75,000 (excluding costs and interest).
Different courts have different requirements when it comes to case filings, but your lawyer will likely be able to choose between submitting an online filing or delivering the necessary documents to the court in person. Plaintiffs must generally pay a fee to file a lawsuit.
It’s worth noting at this point that, while you are legally entitled to pursue a personal injury lawsuit unassisted (this is called pro se litigation), it’s a good idea to have an experienced lawyer represent you instead. The road accident attorneys at The Cochran Firm in Philadelphia work on a contingency fee basis. This means we don’t take a fee unless we secure a settlement or verdict on your behalf. We don’t get paid unless you do.
If you’re not sure what to do next, contact us to schedule a free initial consultation about your case.
3. The Discovery Phase
The discovery phase is the pre-trial period during which both parties to a civil dispute exchange relevant information and evidence to prepare their cases.
Both legal teams will build the foundations of their arguments during the discovery phase. If there is a dispute over shared fault in your car accident case and you cannot agree on the extent of fault each of you should have to accept, lawyers for both sides would seek as much crash-site evidence as possible during discovery. This would be the best way to build a strong case in this scenario.
It’s worth noting that you may face certain obligations during the discovery phase as a car accident plaintiff. For example, the defense may request that you undergo a deposition or submit to an independent medical exam. It’s important to discuss these possibilities with your lawyer before filing a lawsuit.
4. Settlement Negotiations
Filing a lawsuit doesn’t always require the parties to appear in court. In fact, most car accident lawsuits are settled during pre-trial negotiations between both parties.
Settlement negotiations account for all the damages a judge would be likely to hand out if they were handling the case. For example, if the conduct of the defendant was sufficiently egregious that punitive damages might be available, your attorney will use this as a bargaining chip when pushing for a bigger settlement.
5. Pre-Trial Motions and Hearings
There are various pre-trial motions that either a plaintiff or defendant might raise in a car accident case, such as:
- Motion to dismiss: Byarguing that the plaintiff's complaint fails to state a valid legal claim or that the court lacks jurisdiction over the case, a defendant can apply to have the case thrown out.
- Motion for summary judgment: Either party can file a motion for summary judgment, asking the court to rule in their favor because there are no genuine disputes over material facts and the law clearly supports their position.
- Motion to compel discovery: Your lawyer might file a motion to compel if the defendant in your case does not comply fully with discovery requests.
- Motion in limine: Either side might file a motion in limine to request that certain evidence be excluded from trial, arguing that it is irrelevant, prejudicial, or otherwise inadmissible under the rules of evidence.
- Motion for a change of venue: A party may file a motion to change the venue if they believe the current location is not appropriate or could result in an unfair trial, such as due to concerns about impartiality.
- Motion for continuance: Either legal team may request a continuance to postpone the trial date if they need more time to prepare their case, or due to other extenuating circumstances.
6. Going to Trial
If it’s not possible to reach a pre-trial settlement that works for both parties, and there is no successful motion to dismiss, your case will go before a judge and jury.
It may take several court dates for your case to reach its conclusion. A courtroom trial is an infamously slow affair; many plaintiffs choose to accept a settlement just because they don’t want to wait for their money. Our firm has worked on car accident cases that have taken longer than two years to reach a conclusion once they go to court.
The car and truck accident lawyers at The Cochran Firm Philadelphia never shy away from a courtroom battle when one becomes necessary. Other lawyers take a “high-volume” approach to case management; they settle cases as early as possible so they can take on more clients and earn more fees. Our lawyers, on the other hand, keep fighting until they know their client is getting a fair deal.
7. The Verdict and the Appeal Process
Pennsylvania car accident lawsuits generally involve both a judge and a jury. The jury will generally have the final say on whether the defendant should be held liable and how much they should have to pay in damages, but the judge will provide detailed guidance ahead of these decision-making processes. Judges also decide on any legal issues that arise during a trial, such as the admissibility of certain pieces of evidence.
If your case is unsuccessful, you may have the right to appeal the matter to a higher court. An appeal is not a new trial; it will focus on whether the law was applied correctly during the initial trial and whether any procedural or legal mistakes occurred that could have unfairly influenced the verdict. If you succeed at the appeal stage, the appellate court may reverse the decision, order a new trial, or modify the judgment.
Frequently Asked Questions (FAQs)
Can social media posts affect my auto accident lawsuit? Yes, your social media posts can be used as evidence against you. We generally advise our clients to refrain from posting and commenting on social platforms while their cases are ongoing, just to be safe.
What if the other driver was uninsured or underinsured? You may be able to recover compensation from an uninsured motorist policy if the at-fault driver in your case was uninsured or fled the scene of the accident. You may also be able to file a personal injury lawsuit against an uninsured driver; however, if they lack insurance, there’s a good chance they won’t be able to pay you a settlement or verdict.
What are punitive damages, and when are they awarded? Punitive damages are meant to punish the at-fault party for intentional or particularly reckless behavior (such as drunk driving). They’re relatively uncommon in Pennsylvania road accident cases, but they are sometimes available.
How does the statute of limitations affect the timeline for my auto accident lawsuit? In Pennsylvania, there is a two-year deadline on car accident lawsuits. So, if you wait longer than two years to file a case after you have a car accident, you may lose the right to pursue compensation. However, you should start the process much sooner than this anyway; the earlier your attorneys can start building their case, the more likely they are to walk away with a great settlement for you.
What happens if new evidence surfaces after the discovery phase has ended? If new evidence emerges once a trial has begun, you may need to file a motion to introduce the new evidence, explaining why it wasn't available earlier and why it's relevant to your case. The judge will then decide whether to allow you to use it.
How can expert witness testimony impact the outcome of my car accident lawsuit? Your lawyer may recommend using various types of expert witness to strengthen your case. Expert witnesses help to clarify complex issues, such as medical injuries, accident reconstruction, and economic losses. This is particularly important when it comes to technical information that judges and juries cannot easily evaluate in terms of its relevance to liability.
The Cochran Firm in Philadelphia Will Be With You Every Step of the Way
Every auto accident case is different. Some of our clients get what they need after filing a straightforward insurance claim; others end up embroiled in years-long legal disputes before they get the compensation they need. Unfortunately, there’s often no way of telling what kind of case yours will be until you get started.
Regardless of what happens, though, a competent lawyer will always be able to offer you support and guidance. The only way to ensure you don’t get blindsided by the complexity of the process is to hire the best possible legal representation.
Contact us today to schedule a free initial consultation about your case. You can reach us over the phone by calling 800-969-4400, or fill out our online contact form. Time is of the essence in accident cases; the sooner you start the process, the better your chances will be of recovering the compensation you need.
