Car accidents happen frequently in the United States. The National Highway Traffic Safety Administration reports that every five seconds, a car crash occurs somewhere in the country. In 2022 alone, over 5 million people were injured severely enough to require medical attention after a collision. If you are unfortunate enough to be involved in a car accident, you may wonder—how long does the legal process take after this traumatic event? This article will provide an overview of the typical timeline and legal procedures following a car crash.

Filing the Car Accident Report

The first step after any car accident is to file an official report with the police and your insurance company. This initial documentation starts the timeline of your case. Police reports provide important details about what happened and attribute fault to the at-risk drivers. Insurance claims begin the process of covering your expenses and damages. Filing these reports soon after the incident starts the clock on your legal case.

Investigation Phase

After filing the reports, the investigation process begins. This involves gathering evidence, taking photos of damages, obtaining witness statements, consulting medical records, and reviewing the police report details. Your attorney will spend weeks or months compiling this evidence to build your claim. The strength of your case often depends on the quality of evidence collected during this investigation phase.

Settlement Negotiations

Once your attorney has gathered evidence, they will likely start settlement negotiations with the at-fault driver’s insurance company. About three-quarters of accident cases settle out of court through these insurance negotiations. Your lawyer will send a demand letter to the insurer, asking for a settlement offer to cover your financial and personal damages. The insurer will respond with a counteroffer. Negotiations go back and forth from there, as your lawyer fights for the maximum possible settlement. These insurance negotiations can wrap up quickly or take many months. Simple cases with clear evidence may settle within a month. More complex cases can involve years of negotiations before reaching a settlement agreement.

Filing the Car Accident Lawsuit

If no fair settlement offer emerges from negotiations with the insurer, your attorney will file a personal injury lawsuit. This formally brings your claim before a civil court judge. The lawsuit should name the at-fault driver as the defendant and request financial compensation for your damages. In California, you must file the lawsuit within two years of the accident due to the statute of limitations. Other states have similar deadlines.

Exchanging Expert Witness Info

If your car accident case goes to trial, you will need to exchange information about any expert witnesses you intend to call. Generally, the initial expert witness list must be provided no later than 60 days before trial. Complete expert witness reports are typically due 30 days before trial. Any rebuttal experts must be named 20 days before the trial. As Robert Hammers, a car accident lawyer in Atlanta, GA, mentions, “the key point is that expert witness reports and details need to be shared well in advance of the trial date in order to give the other party time to prepare”.

The Car Accident Trial

Finally, if no settlement is reached, your car accident claim will go to trial before a judge or jury. Your lawyer will present evidence, question witnesses, and make arguments to prove the at-fault driver’s liability. The defendant’s insurance company will fight back against your claim. Trials can take days or weeks to complete. Then the judge or jury will issue their final verdict. If you win, the defendant must pay your awarded compensation amount.

The legal process after a car accident varies widely. But following this general timeline can give you an idea of what to expect. Stay in close contact with your attorney throughout the process to ensure you get a fair settlement or trial verdict. With an experienced lawyer fighting for you, justice is obtainable even after a traumatic car crash.

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