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Car accidents are an unfortunate reality of modern life, and while many claims are resolved through insurance settlements, some cases require legal action to achieve justice. Automobile accident litigation becomes necessary when disputes over liability, damages, or bad-faith insurance practices arise. Understanding why certain cases progress to litigation can help you prepare for the legal journey. In this blog, we’ll explore the key factors that lead to litigation and what you need to look out for.

How Does Automobile Accident Litigation Happen?

Most car accident claims are resolved through negotiations with insurance companies. However, there are several situations where litigation may be the only path to fair compensation. Here are some of the most common reasons:

  • Disputed Liability: When the parties involved cannot agree on who caused the accident, litigation may be necessary to determine fault. For instance, in multi-car collisions or accidents without witnesses, the lack of clear evidence can lead to disputes that require court intervention.
  • Severe Injuries & Damages: Cases involving catastrophic injuries or substantial financial losses often result in litigation because the stakes are much higher. Insurance companies may be reluctant to pay out large sums, especially when future medical expenses and lost earning totals are high.
  • Bad-Faith Insurance Practices: If an insurance company acts in bad faith by delaying, undervaluing, or outright denying a valid claim, you may need to file a lawsuit. This type of litigation not only seeks compensation but also holds the insurer accountable for unethical behavior.
  • Disagreements Over Settlement Amounts: When the insurance company’s settlement offer is far below what you need to cover your damages, taking the case to court may be the only way to achieve a fair outcome.
  • Third-Party Involvement: In some cases, liability may extend to a third party, such as a vehicle manufacturer, government entity, or employer. Litigation is often required to bring these parties into the claim and hold them accountable.

5 Phases of Automobile Accident Litigation

If your case progresses to litigation, it’s important to understand the stages you’ll encounter to feel more confident and prepared. Litigation involves multiple steps, each of which builds upon the other to present a clear and compelling case. Here’s a breakdown of the process:

1. Filing a Complaint

The litigation process begins with your attorney filing a complaint in court. This document outlines the details of the accident, the damages you’ve suffered, and the compensation you’re seeking. The complaint formally notifies the defendant about the lawsuit and explains the legal basis for your claims. It’s a critical first step that establishes the framework for the case. Filing a complaint also triggers the legal timeline, including deadlines for responses and the start of the discovery process.

2. Discovery Phase

During discovery, both sides exchange evidence, interview witnesses, and gather information to build their cases. This phase may include depositions, where witnesses are questioned under oath, and requests for documents such as medical records or repair estimates. Interrogatories, written questions exchanged between parties, help clarify facts and establish a timeline of events. Discovery also allows attorneys to assess the strengths and weaknesses of the opposing side’s case.

3. Pre-Trial Motions & Negotiations

Before the case goes to trial, attorneys may file pre-trial motions to address procedural issues, dismiss specific claims, or exclude certain evidence. These motions can significantly shape the direction of the case and may even lead to an early resolution. Settlement negotiations occur during this time as a final attempt to avoid trial. Mediators or neutral third parties may also help to reach an agreement.

4. Trial

If a settlement cannot be reached, the case will proceed to trial, where both sides present their evidence and arguments in a formal courtroom setting. The trial begins with opening statements from each party, followed by the presentation of evidence (photos, medical records, witness testimony, etc.). Attorneys may cross-examine witnesses to challenge the credibility of opposing claims. After closing arguments, the judge or jury evaluates the evidence and delivers a verdict. Trial outcomes typically hinge on the arguments’ persuasiveness and the evidence’s strength.

5. Appeals

After the trial, the losing party may file an appeal if they believe significant legal errors affected the outcome. Appeals focus on reviewing the trial court’s procedures and rulings rather than re-arguing the facts of the case. The appellate court examines the record from the original trial, including transcripts and submitted evidence. This process can be lengthy and involves detailed written briefs and, in some cases, oral arguments. Ultimately, the appellate court can reverse, modify, or uphold the original trial court’s decision.

Key Factors That Influence Litigation Outcomes

The success of automobile accident litigation often depends on several crucial factors. Understanding these elements can help you build a stronger case and improve your chances of a favorable outcome. Here are some of the key factors:

  • Strength of Evidence: Clear evidence, such as police reports, medical records, and eyewitness testimony, can significantly strengthen your case.
  • Expert Testimony: In complex cases, expert witnesses, such as accident reconstruction specialists or medical professionals, can provide valuable insights.
  • Legal Representation: Hiring an experienced attorney with a strong track record in automobile accident litigation is critical to navigating the legal process and maximizing your chances of success.
  • Jury Perception: The credibility of witnesses, the presentation of evidence, and even the demeanor of the parties involved can influence how a jury views the case.

If you anticipate that your case will require litigation, an experienced trial attorney will walk you through everything that can happen. Keep detailed records of your medical treatments, expenses, lost wages, and any correspondence with insurance companies. Then, your lawyer will guide you through the process, gather evidence, and build a strong case on your behalf.

Trial Experience at Deldar Injury Attorneys

At Deldar Injury Attorneys, we understand the challenges of pursuing automobile accident litigation. Our team has decades of combined experience handling legal battles and has consistently delivered favorable outcomes for our clients. When your claim involves disputed liability or bad-faith insurance tactics, our attorneys meticulously build a compelling case, leaving no detail overlooked. We excel at presenting persuasive arguments in court, backed by comprehensive evidence and expert testimony. If your case requires going to trial, you can trust that our firm’s dedication and skill will provide you with the strongest representation possible.

Closing Words

While litigation isn’t necessary for every car accident case, it can be a critical tool for securing justice when other avenues fail. By understanding the factors that lead to automobile accident litigation and working with an experienced attorney, you can protect your rights and pursue the compensation you need to move forward. If you believe your case may require litigation, please contact us at (844) 335-3271.