Getting into a car accident can turn your life upside down. The crash might be over in seconds, but the road to recovery – and compensation – can take much longer. Understanding the steps in a typical car accident case can help you feel more in control.
Here’s a simple breakdown of what happens from the day of the accident to when your case is settled.
Right After the Crash
The first few hours and days after a car accident are crucial.
You should:
- Call 911 if anyone was hurt
- Contact local law enforcement to report the accident
- Get medical help, even if you feel okay
- Exchange contact and insurance details with the other driver
- Get contact information from witnesses
- Take photos of the scene, if possible
Always see a doctor as soon as you can. Some injuries don’t show up right away. A medical record also helps your case later by connecting any injuries to the accident. Otherwise, the insurance company may claim they are pre-existing or couldn’t have been serious if you delayed treatment.
The First Week: Reporting and Starting a Claim
Next, you’ll report the accident to your insurance company.
To start the claims process, they will need basic information such as:
- The location, date, and approximate time of the crash
- An overview of what happened, including whether anyone was injured
- Description of damage to vehicles involved
- Contact and insurance information for parties involved, including passengers and witnesses
- Police report number, if available
- Any photos you took of the damage or the accident scene
- Statements made by the other party, if any
This is also when many people start looking for a personal injury lawyer. A lawyer can deal with the insurance company and protect your rights.
Weeks Two to Six: Treatment and Investigation
You’ll likely still be healing from your injuries. At the same time, your lawyer will begin investigating your case.
That includes:
- Reviewing the crash report
- Interviewing witnesses
- Gathering medical records
- Collecting evidence such as surveillance and traffic camera footage
- Working with experts like accident reconstruction specialists, if needed
This stage builds the foundation for your claim.
Months Two to Six: Demand Letter and Negotiations
Once you’ve reached “maximum medical improvement” (MMI), or the point where your condition has stabilized, your lawyer will calculate your damages.
These include:
- Medical bills
- Lost wages for time off work
- Necessary out-of-pocket costs you’ve paid
- Future medical expenses and reduced earning capacity
- Property damage
- Non-financial losses like your physical pain, psychological anguish, reduced quality of life, and scarring
Your lawyer then sends a demand letter to the insurance company asking for compensation. The insurer might accept, deny, or make a counteroffer.
Month Six and Beyond: Filing a Lawsuit (If Needed)
Your lawyer may file a lawsuit if the insurance company refuses to offer a fair settlement. This doesn’t mean your case will go to trial. Approximately 5% of personal injury cases are resolved through a trial; most settle before a trial begins.
The lawsuit phase involves many steps. Your attorney will file motions, submit evidence, and prepare you for trial. During the discovery phase, both sides exchange evidence. The court may order mediation early in this process. This involves a neutral third party who facilitates a settlement.
One to Two Years Later: Trial (If No Settlement)
If no agreement is reached, your case goes to trial. A judge or jury will hear the evidence, apportion fault, and award damages.
Trials are rare but can lead to larger awards. However, they also take longer, involve more risks, and are expensive.
When Will My Case Settle?
Every case differs, but most car accident claims settle within six months to a year. It might take one to two years or more if you need to go to court.
Certain factors can increase the timeline for your case, including severe injuries, multiple parties involved in the crash, or unclear liability.
What Can You Do to Help Your Case?
You play a significant role in your case’s success. Here’s how you can help:
- Go to all medical appointments
- Follow your doctor’s orders
- Keep records of your expenses
- Avoid posting about your accident on social media or discussing the details with anyone
- Follow your attorney’s advice
Remember: the better your documentation, the stronger your case.
A Car Accident Lawyer Can Help With Every Aspect of Your Case
The legal process after a car accident can seem overwhelming. Knowing what to expect can ease your stress and help you make smart decisions. You don’t have to go through it alone, either. A local car accident lawyer can guide you, fight for your rights, and work to get you the compensation you deserve.
