What Happens in a Car Accident Lawsuit?

What Happens in a Car Accident Lawsuit?

If you suffer injuries in a car crash, you might seek compensation from the at-fault driver or their insurance company. However, negotiations may fail to produce an auto accident settlement if the other driver or insurance company denies liability or disputes the extent of your losses. As a result, you may need to file a personal injury lawsuit to pursue financial recovery for your harm and loss. But what happens in a car accident lawsuit?

A knowledgeable car accident attorney from The Levin Firm can walk you through the car accident lawsuit process. Our car accident lawyers will prepare you for each step of your lawsuit and handle the necessary paperwork and procedures to advance your case. Contact us today for a free initial case evaluation with an experienced car accident lawyer to discuss filing a car accident lawsuit in Pennsylvania to pursue financial recovery for your injuries and property damage from a crash caused by a careless driver.

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Filing a Complaint and Notifying the Defendant

The first step of an auto accident lawsuit is to file your complaint with the court. The complaint identifies the parties in the lawsuit, describes your allegations regarding the car accident (i.e., what happened, who caused the accident, what injuries you suffered), and requests relief, including financial compensation for your economic damages (medical expenses, lost wages, car repairs, etc.), non-economic damages (pain and suffering, emotional distress, and other intangible losses), and any other relief the court deems just. A complaint informs the court and the opposing party or parties of the basics of your car accident claim. In most cases, you will file your complaint with the court for the county where the accident occurred.

Once you’ve done so, you must notify the defendant of your lawsuit by serving them. This typically involves providing the defendant(s) with a copy of the complaint and the summons issued by the court. In most Pennsylvania cases, the sheriff completes the service of process, typically by handing a copy of the complaint and the summons to the defendant or by handing process to an adult member of their household, a clerk or manager of a lodging house where they reside, or to their agent or a person in charge of their usual place of business. You must complete the service within 30 days. Otherwise, the court must reinstate the complaint and reissue the writ. 

Once the defendant receives notice of the lawsuit, they have a limited period to file an answer to your complaint, in which they must admit or deny each of the allegations of your complaint and can assert any counterclaims against you. A defendant may also file certain motions at the pleadings stage, such as a motion to dismiss the complaint for lack of subject matter or personal jurisdiction, improper venue, or failure of the allegations to state a claim under which the plaintiff can obtain relief.

Interrogatories, Depositions, and Document Requests

After the parties submit their pleadings and the complaint survives any motions to dismiss, a car accident lawsuit will proceed to the discovery phase. During the car accident discovery process, parties exchange evidence and information to present all relevant facts in the case and narrow down the issues in dispute for trial. Discovery also prevents parties from engaging in tactics designed to unfairly surprise the opposing party at trial with concealed evidence or witnesses, so that each side has a fair opportunity to prepare an adequate response to the opposing party’s case. 

The discovery process may involve various tools authorized by the rules of civil procedure, such as:

• Interrogatories – Interrogatories contain a list of questions that request relevant information about the case, such as what each party did or saw before and during the accident, or the injuries suffered by the plaintiff and how those injuries have limited their ability to function. 
• Requests for Production of Documents – Parties may request relevant documents from each other, such as police reports, witness statements, vehicle maintenance records, medical records, medical bills, or financial records.
• Requests for Admissions – A party may submit requests for admissions, which contain statements that the other party must either admit as fact or deny. Requests for admissions can help the parties identify issues not in dispute, which can narrow the scope of the case for trial. 
• Depositions – In a deposition, a party with relevant information or testimony must sit for questioning under oath by the parties. Depositions help parties understand the details of the testimony they would give at trial, such as the opinion testimony of expert witnesses and the fact-based testimony of eyewitnesses or the parties themselves.

The rules allow for a broad discovery process, as parties usually may seek discovery of any information or documents reasonably calculated to lead to the discovery of admissible evidence. Thus, discovery requests can seek information that a party cannot admit at trial if that information could lead to other admissible evidence. 

At The Levin Firm, we have extensive knowledge of personal injury law and experience helping car accident victims. Our personal injury lawyers know how to obtain strong evidence to help prove your case and fight for fair compensation. We can also make proper objections when responding to discovery requests.

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Settlement vs. Trial: The Role of Mediation and Aggressive Negotiation

During pre-trial proceedings in auto accident lawsuits, parties may continue settlement negotiations to attempt to reach a mutually agreed-upon settlement that avoids the need for a trial. As discovery develops the evidentiary record, parties may reassess the strengths and weaknesses of their respective cases, which may help facilitate a fair settlement when a party has doubts about their chances of success at trial. 

Parties may also agree, with the court’s encouragement, to pursue mediation of the case. In mediation, a neutral third party, known as a mediator, facilitates the parties’ accident settlement negotiations. Mediators can help parties assess the strengths and weaknesses of their cases, view the case from the other party’s perspective, and suggest solutions that the parties can incorporate into their settlement agreement. Many car accident cases are settled through negotiations or mediation. An experienced attorney can help you through these phases of your case, too.

Preparing for the Courtroom: Expert Witnesses and Trial Strategy in PA

Should continued negotiations and mediation fail to produce a car accident settlement, parties must begin preparing for trial. The parties’ attorneys organize the evidence and witness testimony to tell their side’s story to the jury as persuasively as possible.

Parties may also retain expert witnesses to provide opinions and assist the jury in understanding technical issues. For example, accident reconstruction experts can explain how the evidence shows what happened in the accident, and medical experts can discuss the mechanism of the plaintiff’s injuries and how they have affected or will affect the plaintiff’s life. The defendant’s counsel also may identify potential defense strategies based on the evidence.

What to Expect at Trial: From Jury Selection to the Final Verdict

Unless the parties settle or obtain a resolution of a car accident case through a pre-trial motion to dismiss or for summary judgment, the case will ultimately proceed to trial. A car accident trial begins with jury selection. During jury selection, the parties’ counsel and the court will question prospective jurors about any biases or outside knowledge they may have about the case, as well as any other factors that might impede their ability to follow the court’s directions and render an impartial verdict. The parties or the court may exclude jurors who demonstrate an inability to evaluate the case fairly. Parties may also have a limited number of challenges they can use to exclude jurors they suspect might not judge the case fairly or render an unfavorable verdict.

After the jury is assembled, the trial proceeds to opening statements, where each party provides a summary of the evidence they intend to present during the trial. After the opening statements, the plaintiff presents their case first, introducing witnesses to offer testimony and presenting documents or other physical evidence. The defense can cross-examine the plaintiff’s witnesses to challenge the consistency or credibility of their testimony. After the plaintiff rests their case, the defendant(s) may present their case, although a defendant does not have to present a defense because the plaintiff bears the burden of proof in a car accident lawsuit. 

At the end of the jury trial, each party may present closing arguments to summarize the evidence and testimony presented and argue why the evidence supports a verdict in their favor. The jury will then deliberate the evidence and render a verdict, either in favor of the plaintiff and awarding them compensation, or in favor of the defendant and rejecting the plaintiff’s claim.

Take the Next Step: Contact The Levin Firm for a Free Case Evaluation Today

If you suffered injuries in a car accident in Pennsylvania caused by another driver’s negligence, you have the right to seek financial recovery. However, if the at-fault driver or insurance company refuses to agree to a reasonable settlement, you may need to pursue your claim through a car accident lawsuit. Working with experienced legal counsel is essential.

For over 20 years, The Levin Firm has provided zealous advocacy for injured clients. We take pride in offering top-quality legal representation, combined with a personalized touch. Our team will not hesitate to take a case to trial if necessary to demand justice on behalf of our clients. Contact us today for a free consultation with a car accident trial lawyer in Philadelphia to learn more about the car accident lawsuit process and get the advice and legal representation you need.