When you have suffered an injury in a car accident, the idea of filing a lawsuit can feel overwhelming. Many people are not sure what to expect, how long the process will take, or what steps they must take.
At Langston & Lott, we understand how to protect your rights so you can pursue the compensation you deserve.
A car accident lawsuit is more than filling out paperwork. The structured, strategic process can uncover the truth, prove fault, document your injuries, and hold the responsible parties accountable.
From the moment you hire an attorney, your case begins moving through several critical stages, including investigation, negotiation, discovery, depositions, and, if necessary, trial. Each phase plays a key role in building a strong claim. Because insurance companies often dispute injury claims or try to minimize payouts, having a knowledgeable lawyer by your side helps level the playing field. The Booneville car accident lawyers at Langston & Lott will fight vigorously for you to receive the maximum amount of compensation for your injuries. Call us today to speak with a car accident attorney.
Key Takeaways About Car Accident Lawsuits
- You may be unable to resolve your car accident claim with the insurance company, forcing you to file a lawsuit in court.
- The car accident lawsuit process can be complex, with no guarantee of a successful outcome.
- Discovery in a car accident lawsuit involves the formal questioning of parties and witnesses, including you. Here, a lawyer will take your deposition.
- Even if you have filed a lawsuit, it is not a given that your case will go to trial.
- Getting legal help from a car accident attorney will give you the best chance of success in your case.
When Do I Need to File a Car Accident Lawsuit?
You may need to file a car accident lawsuit when negotiations with the insurance company fail, when the insurer refuses to accept liability, or when you are approaching the legal deadline to file your claim. After a crash, most cases begin with an insurance claim, rather than a lawsuit. But if the insurer offers an unfair settlement, delays your claim, or denies it altogether, filing a lawsuit may be the only way to recover full compensation.
Timing is critical. Every state has a statute of limitations that sets a strict deadline for filing a personal injury lawsuit. If you miss that deadline, you permanently lose the right to pursue compensation in court. These deadlines vary by state, so it is essential to speak with an attorney as soon as possible to protect your case.
You may also need to file a lawsuit if your injuries are severe, long-lasting, or involve significant medical expenses, earnings loss, or future treatment. Lawsuits can help uncover additional evidence through depositions, subpoenas, and expert testimony. These are tools that are not available during standard insurance negotiations.
The Steps in a Car Accident Lawsuit
A car accident lawsuit typically involves several steps that unfold over time. Here are the phases of your case from beginning to end:
- Initial Consultation and Case Evaluation: Your attorney reviews the facts of your accident, your injuries, available insurance coverage, and potential liability. If you have a viable claim, the attorney begins investigating further.
- Investigation and Evidence Gathering: Your lawyer collects police reports, medical records, photographs, witness statements, vehicle data, and any available surveillance footage. They may consult experts such as accident reconstructionists or medical specialists.
- Filing the Complaint: If the insurance company refuses to offer a fair settlement, your attorney files a formal lawsuit (the “complaint”) in court. The defendant then receives notice and must respond.
- Discovery Phase: This is often the longest part of a lawsuit. Both sides exchange information through interrogatories (written questions), requests for documents, and depositions of parties, witnesses, and experts. Discovery helps each side understand the strengths and weaknesses of the case. Your car accident attorney formally questions the other driver and any witnesses opposing counsel plans to call in court.
- Motions: Either party may file motions requesting that the court rule on specific legal issues. For example, parties may ask the court to dismiss certain claims or exclude particular evidence. A defendant may file a motion for judgment on the pleadings shortly after filing their answer. They may also file a motion to dismiss your case before filing their answer. The judge rules on that motion before discovery can proceed.
- Settlement Negotiations or Mediation: Most car accident cases settle before trial. Depositions, expert opinions, and exchanged evidence often lead to more meaningful negotiations. The judge may order both parties to engage in mediation, although you are not obligated to accept any settlement offer that the opposing party makes during the course of mediation.
- Trial: If settlement negotiations fail, the case goes to trial. Both sides present evidence, experts testify, and a judge or jury decides liability and damages.
- Post-Trial Motions and Appeals: After trial, either side may file appeals or request changes to the judgment. The appellate court does not second-guess the facts that the jury found. Instead, they decide potential mistakes of law that the trial court may have made in your case.
Depositions May Be the Most Important Part of Your Car Accident Lawsuit
Depositions are often one of the most critical stages in a car accident lawsuit, as they shape the evidence, credibility, and strategy that ultimately determine the case’s outcome. A deposition is a formal, recorded interview an individual takes under oath during the discovery process. It allows each side to question witnesses, gather details, and evaluate the strength of the other party’s claims before the case ever reaches trial.
For injury victims, depositions can make or break the case. Your testimony helps establish how the accident occurred, the nature of your injuries, and how your life has changed as a result. Insurance defense attorneys look for inconsistencies or statements they can use to minimize or deny liability. A skilled car accident lawyer prepares you thoroughly by reviewing documents, coaching you on how to answer questions clearly and truthfully, and helping you stay calm under pressure.
Depositions also allow your attorney to question the at-fault driver, medical experts, accident reconstruction specialists, and any other witnesses. These interviews can reveal key details, such as distracted driving, prior complaints, inaccurate statements, or negligent conduct, that strengthen your case. Often, what happens in depositions influences whether the insurer increases its settlement offer or chooses to settle rather than risk a trial.
Because depositions capture sworn testimony that is admissible in court, they are a powerful tool in building leverage, uncovering truth, and positioning your case for the best possible outcome. While depositions can definitely work in your favor, they can also harm your case if you do not adequately prepare. A car accident attorney can help you get ready for depositions, and they will be there to defend you when the opposing side questions you.
Your Car Accident Lawsuit Can Take a Considerable Amount of Time
A car accident lawsuit requires a thorough legal process that ensures fairness, thoroughness, and accuracy. Although the timeline varies by case, the necessary steps—gathering complete medical proof, resolving disputes, and managing court schedules—take time to build the strongest case possible.
One of the most significant factors is the medical timeline. Injury claims depend heavily on understanding the full extent of a victim’s condition, future treatment needs, and long-term impacts. Doctors often cannot provide reliable opinions until months after the accident. If your injuries require ongoing care, your attorney may need to wait for maximum medical improvement (MMI) to calculate damages accurately.
The discovery phase is another primary reason lawsuits move slowly. Both sides exchange documents, take depositions, consult experts, and investigate every detail.
Depositions alone can take time to schedule, especially when they involve multiple doctors, specialists, or accident reconstruction experts. If the insurance company disputes liability, argues that your injuries were pre-existing, or challenges your damages, discovery can take even longer.
Court delays also contribute significantly. Courts often have crowded calendars, meaning they schedule hearings, motions, and trials many months in advance. If either side files motions to exclude evidence, involve additional experts, or challenge legal issues, the judge must rule on each one, which will add more time.
Negotiations continue throughout the case, but insurers sometimes intentionally delay in the hope that the victim will accept a lower settlement. If the case ultimately goes to trial, preparation is extensive, and the actual trial date may not occur for a year or more after the discovery phase.
In short, lengthy lawsuits are not unusual. This time reflects the complexity of gathering medical proof, resolving disputes, managing court schedules, and building a strong case to maximize your compensation.
Car Accident Lawsuits Rarely End Up in Front of a Jury
A car accident lawsuit will rarely end up in front of an actual jury. You may go through many steps of the process, including depositions, and you will still not have an actual jury trial. The reason is that many car accident cases ultimately result in a settlement agreement at some point during the lawsuit process. It is not uncommon for cases to settle on the eve of trial, either because the parties have chosen to do so on their own or because a trial court judge ordered them into mediation.
Both sides in a lawsuit want to manage their own risk through the settlement process. From your vantage point, you must prove liability to a jury. If you fail to do so, you will not receive anything for your damages. Insurance companies may also fear a jury and what it may order as damages in your case. Jury members are human beings, and unhappy jurors may hand down verdicts that far exceed the amount the insurance company would have paid in a settlement. It is for this reason that both sides are more likely to negotiate and agree to a settlement before trial.
How Does a Car Accident Lawyer Help You in a Lawsuit?
A car accident lawyer plays a critical role in protecting your rights, maximizing your compensation, and handling the legal system after a crash. When you pursue a lawsuit, you are up against insurance companies whose goal is to minimize payouts. An experienced attorney levels the playing field by handling every aspect of the claim and building the strongest possible case on your behalf.
First, a lawyer thoroughly investigates the accident. These actions may include obtaining police reports, interviewing witnesses, securing surveillance footage, preserving vehicle data, and working with accident reconstruction experts. Your attorney will gather the evidence needed to establish fault and prove the extent of your injuries.
Next, your attorney handles all communication with insurers to prevent them from pressuring you into a low settlement or making statements that may harm your case. They calculate the full value of your damages, including medical bills, lost earnings, pain and suffering, future treatment, and diminished earning capacity, so you do not settle for less than the insurance company owes you.
If negotiations fail, your Booneville personal injury lawyer prepares your lawsuit, drafts legal filings, manages discovery, and represents you in court. They present testimony from medical experts, economists, and other specialists to demonstrate the impact of the accident on your life.
Throughout the process, your car accident attorney also helps you navigate medical liens, deal with claim paperwork, and understand each step of litigation. With a skilled car accident lawyer on your side, you significantly increase your chances of securing a fair outcome and protecting your financial future. To get legal help from a skilled car accident lawyer, speak to Langston & Lott.
Frequently Asked Questions About Car Accident Lawsuits
Do I need to pay my car accident attorney if I do not win my case?
No. You are only under an obligation to pay your lawyer if your case is successful. Your attorney will work for you on a contingency fee basis and will take a percentage of your settlement or jury award if you win your case.
What happens if I am too injured to testify?
You can adjust how and where you testify to reflect your medical condition.
When should I contact a car accident lawyer?
You should try to get legal help as soon as possible after you have suffered an injury.
How does fault affect my compensation?
Most states, like Mississippi, use a comparative negligence system. This means that if the court or a jury finds you partially responsible for the crash, your total compensation award decreases by the percentage of your fault.
What types of damages can I recover in a car accident lawsuit?
You can typically recover two main types of damages: economic and non-economic.
- Economic damages cover verifiable monetary losses, such as past and future medical bills, lost wages, loss of earning capacity, and property damage.
- Non-economic damages compensate you for subjective losses, including pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.
Your attorney calculates both categories to determine the full value of your claim.
What happens if my car accident case goes to trial?
A trial begins with jury selection, called voir dire, where attorneys question potential jurors to ensure fairness. Then, both parties deliver opening statements, present evidence through witness testimony (including lay and expert witnesses), and make closing arguments.
The judge instructs the jury on the relevant law. The jury then deliberates and reaches a verdict on liability and damages.
If the jury finds the defendant liable, the judge issues a final judgment.
