The Legal Process Explained by Car Injury Attorneys

Life takes a sharp turn for the worse when a car accident happens to you.

You were driving to work one minute, and the next you're suffering from injuries, medical bills, and insurance companies that are anything but helpful.

The fact of the matter is…

Most people have no clue what to expect when they enter the legal process. And, it's that uncertainty that costs them money and opportunities when pursuing their claims.

In this guide, we'll be covering:

• Everything You Need to Know about the Legal Process

• The Essential Stages of a Car Accident Claim

• What Point Do You Need an Attorney?

• How Settlement Negotiations Work

Why Understanding the Legal Process Is Important

Look at these statistics from the NHTSA:

There were an estimated 39,345 fatalities as a result of traffic crashes in 2024.

That is the first year since 2020 the number of deaths fell below 40,000. This means this is an all-time low since the pandemic started in 2020.

But that's just the tip of the iceberg…

Millions of people suffered from injuries. And, you better believe that many of them did not know what to do next when it comes to the legal process. And that's a massive issue that cost them thousands of dollars in settlements.

If you don't have the right guidance, here is what could happen:

• You may accept a lowball offer

• You may miss important deadlines

• You may forget to gather critical evidence

• You might underestimate the real value of your claim

Scary right?

Don't worry because we are here to make sure you understand the process so you will be prepared.

What Are the Stages of a Car Accident Claim?

It's important to understand that the legal process after a car crash doesn't have to be overly confusing or overwhelming.

And that's exactly why working with experienced car injury attorneys can make all the difference in your case outcome. There are several steps involved in the process.

And here is how the overall system works:

Step 1: Initial Consultation and Case Evaluation

This is the first meeting with an attorney where all the facts of the case will be presented.

It is time for an attorney to review all the facts of the case. An attorney will go over your injuries, the details of the accident, and your legal options.

Most attorneys offer free consultations. This means you can have professional advice without spending a single penny.

Step 2: Investigation and Evidence Gathering

In this step, everything that will be needed to support your case will be gathered.

It is time to get the evidence to build a compelling case for your legal team. The evidence gathering step includes police reports, medical records, witness statements, and even photos from the accident.

• Look at CCTV footage and cell phone records if the other party was driving distracted

• Interview witnesses to the accident

• Look into expert witness testimony

• Conduct accident reconstruction if necessary

This is a critical step because the more evidence you gather, the more likely you will be able to secure fair compensation for your injuries and damages.

Step 3: Filing the Claim

Now, it is time to send all the documentation to the insurance company of the at-fault party.

Remember that this process is not limited to filling a form and sending it to the insurance company. It is actually a demand package that sets out all the reasons why you deserve compensation.

This is why, in this step, all the evidence gathered previously needs to be outlined together with the information about your injuries, medical costs, loss of income, and even pain and suffering.

Keep in mind that most people don't realize:

Insurance companies are not on your side. They want to pay out as little money as possible. This is why getting a professional to handle this step for you is essential. An attorney will make sure that your claim is taken seriously from the get-go.

Step 4: Negotiations

The stage where all the action is, if we may call it that way, is the negotiation stage.

In this step, an attorney will try to reach a settlement that is fair and covers all the costs and losses.

Offer after counteroffer are very common during this stage.

The good news is that most of the settlements are paid before a case is going to trial. Approximately 98% of car accident settlements are paid out, to be precise.

However, that should not be taken to mean that securing a fair settlement is an easy task. On the contrary, getting a good settlement still requires a lot of experience, knowledge, and tenacity.

Step 5: Trial (if necessary)

You may hear a lot of "what ifs" about going to court. Unfortunately, sometimes negotiations fail, and the only solution is to take the case to trial.

A very small percentage of cases settle, but if the insurance company isn't willing to offer you fair compensation, you might have no other choice but to take your case to court.

An attorney that has the experience to take a case to court is essential at this point.

• A judge or jury will be presented with the evidence gathered previously.

• Witnesses will be cross-examined.

• Your attorney will have to argue your case persuasively

• The battle for the maximum compensation will take place.

Most cases are settled before reaching the stage of a trial. However, if your case does end up in court, having an attorney that is ready for it will give you an edge during negotiations.

Do You Need an Attorney for a Car Accident?

Not every little fender bender needs to have a legal representative by your side. However, if you have suffered from substantial injuries, if you are facing mounting medical bills, or have lost time at work…

You should, in most cases, get a lawyer to represent you in this matter.

The following situations are usually a sign that you should contact an attorney:

• You sustained severe or long-term injuries

• The driver that is at fault for your accident was uninsured or underinsured

• Fault for the accident is in dispute

• The insurance company is stalling or lowballing you

• You are unsure of the actual value of your claim

An attorney that has the necessary experience knows how to deal with insurance adjusters. He or she will know how to proceed and will not let them trick you into accepting a small payout. Your attorney will be able to fight for your interests and your rights.

How Do Settlement Negotiations Work?

The settlement negotiations stage can seem like a game of chess.

Insurance companies start low with their initial offers and you counter with the maximum possible amount that you could receive.

In the end, the sides will meet somewhere in the middle and an agreement will be reached.

The factors that will influence the total value of the settlement are the following:

• The severity of your injuries

• Your total medical expenses

• Loss of income

• Loss of future earning capacity

• Pain and suffering

• The insurance coverage that is available

An attorney will work out the total value of your claim before going into the negotiation stage. This is why it is crucial to hire someone that knows how to work the system.

Wrapping Up

There is no need to panic when you need to enter the legal system after being in a car accident.

You have the right to get representation by an attorney. And this information will show you how things work. From the initial consultation with an attorney, to a final settlement, it is very important to understand what you should expect during this process.

The most important tips:

• Make sure to document everything after the accident

• Do not accept the first settlement offer

• Keep in mind that most cases are settled before going to trial

• Work only with attorneys that specialize in car accidents and have experience in this field.

The road to your full recovery starts with knowing your options, and now that you've read this guide, you are fully prepared to navigate the legal process like a pro.