How the Car Accident Lawsuit Process Goes: Key Steps

Navigating a car accident lawsuit can feel overwhelming, especially when dealing with injuries, medical bills, legal fees, and insurance claims. If you’ve been injured in an auto accident due to someone else’s negligence, you may be entitled to compensation for medical expenses, lost wages, vehicle damage, and pain and suffering.

This article outlines the step-by-step legal process of filing a car accident lawsuit, from the claim filing and evidence collection, to negotiating settlements and trial proceedings, if necessary. Understanding these key steps can help you make informed decisions and ensure you receive the justice and compensation for your car accident claim you deserve.

Most Car Accident Cases Are Resolved Outside of Court

In Ontario, approximately 95% of personal injury law cases are settled before reaching trial. This is because settlements offer a faster, less costly, and more predictable resolution for both parties involved. However, certain factors may lead to a trial, making court proceedings necessary in specific cases.

When a Trial May Be Necessary

• Dispute Over Liability: If the parties in a tort claim cannot agree on who is at fault for a serious injury, a trial may be required to determine liability and compensation.
• Conflicts Over Compensation: When insurers or defendants dispute the severity of injuries or the value of damages, litigation and legal fees may be needed by multiple parties to secure fair compensation.
• Complex or Unique Circumstances: Cases involving catastrophic injuries, wrongful death, or bad-faith insurance practices are more likely to proceed to trail.

Car Accident Cases Frequently Settle After a Lawsuit Is Filed

While only about 5% of car accident lawsuits go to trail before a judge or jury, filing a lawsuit can pressure the insurance company or opposing party to negotiate a fair settlement. Many cases resolve after a personal injury lawsuit is initiated but before trial proceedings begin.

In the majority of cases (around 95%), a settlement is reached through negotiation, allowing the injured party to receive compensation without the delays and uncertainty of a court trial. Having an experienced personal injury lawyer ensures you receive maximum compensation whether it is through settlement, claim compensation, or litigation.

Key Steps of the Car Accident Lawsuit Process

Navigating a serious car accident settlement can be complex, but understanding each stage can help you protect your rights and seek compensation for your injuries. Below is an overview of the entire claim process.

1) Initial Consultation with a Car Accident Lawyer

The first step in the legal and personal injury claim compensation process is consulting an experienced personal injury lawyer to discuss the details of the legal process for your motor vehicle accident. You will be asked about:

• How the car accident happened (driving conditions, speed, weather),
• The other driver’s role in the vehicle crash,
• Police reports, medical reports, medical treatment and ongoing medical treatments,
• The impact of the accident, and how your personal injuries affect your daily life.

A lawyer will explain the statutory accident benefits available through your own insurance company, the limitation periods for filing personal injury insurance claims against the insurance company, and whether you should pursue a tort claim against the insurance company, or at-fault party.

2) Accident Investigation & Gather Evidence

Your insurance company will conduct a thorough investigation of the automobile accident, collecting evidence such as:

• Police reports and accident reports,
• Witness statements and collision reporting center records,
• Photo of damaged vehicles, road conditions, and accident scenes,
• Medical bills and future health care costs estimates,
• Insurance policies to determine insurance coverage and fault.

This evidence is crucial in an auto accident lawsuit in determining liability for car accident victims and proving the extent of your injuries, which will impact the car accident claim, insurance claim, and settlement process.

3) Handling Low-Ball Settlement Offers from the Insurance Company

Insurance companies or the at-fault driver’s provider may offer a low settlement before the full extent of your injury claim is determined. Accepting a low-ball offer too soon can leave you without adequate compensation for medical expenses, ongoing treatment, lost wages, future earning potential, pain and suffering, and emotional distress. Always consult with medical professionals and your personal injury lawyer before signing any documents from the insurance provider or company to ensure you receive a fair settlement.

4) Filing a Car Accident Lawsuit

If a settlement cannot be reached between multiple parties, your lawyer or legal representatives will file a civil claim (also called a personal injury lawsuit) against the at-fault party and their insurance company or provider. The parties involved will have 21 days to respond, or the court may issue a default judgement in your favour.

5) Medical Examinations & Expert Evaluations

To assess the full impact of your personal injuries, you may be required to undergo medical evaluations by medical professionals. These evaluations help establish:

• Whether your injuries qualify as serious injuries or non-catastrophic injuries.
• You eligibility for accident benefits and fault accident benefits.
• The future health care costs required for recovery.

6) Discovery & Depositions:

During discovery, both sides exchange evidence and legal representatives conduct depositions. This process allows your personal injury lawyer to cross-examine witnesses and experts, strengthen your case with additional evidence, and prepare for settlement negotiations or trial if necessary.

7) Mediation & Settlement Negotiations

Many car accident settlement lawsuits are resolved through mediation, an alternative dispute resolution (ADR) process where a neutral third party (often a retired judge) helps both sides reach an agreement. Mediation typically occurs one to two years after the auto accident, depending on the severity of injuries, settlement amount, insurance coverage, and claim disputes. If a fair settlement is reached, you receive compensation without going to trial. If mediation fails, the case proceeds to trail, where a judge or jury determines liability and damages.

8) Trial (If Necessary)

If a car accident case goes to court, your lawyer will present: medical evidence, expert testimonies, and accident reports, proving the at-fault driver’s negligence, and a breakdown of your damages, lost wages, and accident benefits.

9) Receiving Compensation & Claim Process Completion

If you win your personal injury claim, you may receive compensation for: medical bills, lost wages, pain and suffering damages, property damage, vehicle repair, accident benefits and funeral benefits and costs (in wrongful death cases).

Consult with a Car Accident Lawyer

If you’ve been injured in a motor vehicle accident, consulting with an experienced personal injury lawyer is crucial to ensuring you receive the full benefits you are entitled to. Whether you are dealing with severe injuries, property damage, or disputes with your own insurance company, a personal injury lawyer can help you navigate the insurance act and fight for fair compensation.

At Grillo Law, we assist car accident victims through the entire claim process, securing both fault and no-fault accident compensation under statutory accident benefits. We help recover medical expenses, lost wages, rehabilitation costs, and future healthcare needs. Our legal team will guide you through the accident benefits application package, ensuring all necessary documents are submitted on time. If the at-fault driver’s insurance company or provider disputes liability or statutory accident benefits, we will actively pursue your car accident claim to ensure you receive the compensation you are entitled to. Contact Grillo Law for a free consultation.

Collecting Evidence

Proper documentation is key to building a strong car accident claim. If you’ve suffered severe injuries, take photos of the car accident, scene, persons involved, and vehicle damage. Capture images of your injuries and any visible harm to others. Note key details like time, location, and road conditions. If writing is difficult, record a voice memo or video for reference.

File a Claim with the Insurer

After a car accident, filing an insurance claim is crucial to accessing accident benefits for medical expenses, lost wages, and rehabilitation costs. Notify your insurance company immediately and submit the accident benefits application package within the required timeframe.

Ensure all documentation, including the police report, medical records, and details of persons involved, is accurate. If your claim is denied or undervalued, a car accident lawyer can help you challenge the decision and secure fair compensation for severe injuries and damages.

File a Civil Claim

If a car accident claim cannot be resolved through insurance negotiations, filing a civil claim may be necessary to seek fair compensation. A car accident lawyer can help initiate a personal injury lawsuit against the insurance provider or at-fault party to recover accident benefits, lost wages, medical expenses, and pain and suffering.

The process involves submitting a statement of an insurance claim made, outlining the persons involved, severe injuries, and damages sought. The insurance company and defendants must respond within a set timeframe. If negotiations fail, the case may proceed to trial.

Negotiations

Before a car accident lawsuit goes to trial, both parties typically engage in settlement negotiations to reach a fair resolution. A car accident lawyer will negotiate with the insurance company to secure compensation for the car accident victims’ benefits, medical expenses, lost wages, and pain and suffering.

During this process, both sides review evidence, assess liability, and determine a fair settlement. If an agreement is reached, the case is resolved without going to court. If negotiations fail, the lawsuit proceeds to trial. Skilled personal injury lawyers ensure your rights are protected throughout the legal process.

Appeal

If you are unsatisfied with the outcome of your car accident settlement, you may have the right to file an appeal. An appeal is not a retrial but a legal process where a higher court reviews whether errors in law or procedure affected the trial’s outcome. Your lawyer can assess whether there are valid grounds for appeal, such as judicial errors, improper evidence handling, or unfair application of the insurance act. The process involves filing a notice of appeal, submitting legal arguments, and potentially presenting the case before an appellate judge.

Appealing a case is complex, requiring experienced personal injury lawyers to navigate the legal system effectively. If you believe your personal injury claim was unjustly denied or undercompensated, seek legal counsel immediately to protect your rights.

The Average Car Accident Lawsuit Timeline

In Ontario, resolving an auto accident lawsuit can take months or even years, depending on the complexity of the case. Each personal injury claim is unique with factors such as injuries, no fault accident benefits, insurance company negotiations, and liability disputes affecting the timeline.

On average, auto accident claims take between 1.5 to 2.5 years to reach a fair settlement or court verdict. The duration depends on the severity of injuries, the accident benefits application process, and whether the case proceeds to trial. Our skilled personal injury lawyers at Grillo Law can help streamline the legal process and ensure you receive the compensation you deserve.