Introduction
When insurance settlement negotiations fail to produce fair compensation, filing a lawsuit may become necessary. While most car accident cases settle without trial, the litigation process provides tools to compel evidence disclosure and present your case to a jury if needed. Understanding what happens when you file a lawsuit helps you prepare for this possibility.
This comprehensive guide covers the decision to file suit, lawsuit procedures, discovery and depositions, potential outcomes, and what happens if your case goes to trial.
Litigation is sometimes necessary to obtain fair compensation. We'll walk you through the process and what to expect.
When to File a Lawsuit
Filing suit becomes necessary when the insurance company refuses to offer fair compensation. This may happen because they dispute fault, undervalue your injuries, or simply refuse to negotiate reasonably.
The threat of litigation often motivates better settlement offers. Insurers know that juries may award more than their settlement offers, plus they face litigation costs.
You must file before the statute of limitations expires. If the deadline approaches and settlement isn't reached, file suit to preserve your rights. You can still settle after filing.
Your attorney advises when filing suit makes sense based on the gap between your claim value and the insurance company's offers.
Filing the Complaint
A lawsuit begins with filing a complaint in the appropriate court. The complaint identifies the parties, describes the accident and injuries, and demands specific relief (compensation).
The complaint must be served on the defendant, formally notifying them of the lawsuit. The defendant then has a specified time to file an answer responding to your allegations.
Filing suit triggers formal legal proceedings with court supervision, deadlines, and procedures. The court manages the case through trial or settlement.
The defendant's insurance company typically hires an attorney to defend the case. That attorney becomes your point of contact rather than the insurance adjuster.
Discovery Process
Discovery is the process of exchanging evidence and information between parties. This is often where cases are won or lost, as each side learns the strengths and weaknesses of the other's position.
Interrogatories are written questions that must be answered under oath. These gather information about the accident, injuries, and damages.
Requests for production compel parties to provide documents including medical records, employment records, insurance policies, and communications related to the case.
Depositions are in-person interviews under oath recorded by a court reporter. Both parties, witnesses, and experts may be deposed. Deposition testimony can be used at trial.
Motions and Hearings
Either party may file motions asking the court to rule on legal issues. Common motions include motions to dismiss, motions to compel discovery, and motions for summary judgment.
Summary judgment motions ask the court to rule without trial because there are no disputed facts requiring jury determination. These motions can end cases before trial.
The court may hold hearings on motions and discovery disputes. Your attorney handles these proceedings, though you may need to attend some hearings.
Many courts require mediation or settlement conferences before trial, giving parties supervised opportunities to resolve the case.
Settlement During Litigation
Most cases settle during litigation before trial. Discovery often reveals information that motivates settlement: evidence strengthening one side or weaknesses the other didn't expect.
Settlement negotiations continue throughout litigation. The approaching trial date often accelerates settlement discussions as both sides want to avoid trial uncertainty.
Mediation during litigation provides a structured settlement negotiation facilitated by a neutral mediator. Many cases settle in mediation.
You retain control over settlement decisions. Your attorney advises, but you decide whether to accept any settlement offer or proceed to trial.
Trial
If settlement isn't reached, the case proceeds to trial. Trials involve jury selection, opening statements, presentation of evidence and witnesses, closing arguments, and jury deliberation.
You will likely testify about the accident and your injuries. Your attorney prepares you for testimony and handles all legal aspects of trial.
The jury determines fault and, if finding the defendant liable, awards damages. Jury verdicts can be higher or lower than settlement offers - trial involves risk for both sides.
Trial outcomes can be appealed, potentially adding months or years before final resolution. Most verdicts are not appealed or are affirmed on appeal.
Frequently Asked Questions
Conclusion and Next Steps
Filing a lawsuit is a tool for obtaining fair compensation when insurance negotiations fail. Most cases settle during litigation, but being prepared for trial strengthens your negotiating position.
The most important things to understand are: filing suit preserves your rights and often motivates better offers, discovery reveals crucial evidence, most cases settle before trial, and you control the decision to settle or try your case.
If your car accident claim isn't being fairly valued, contact a qualified attorney to discuss litigation options. An experienced trial attorney can file suit, conduct aggressive discovery, and take your case to trial if necessary to obtain fair compensation.