Car Accident Lawsuit Process

What Is A Car Accident Lawsuit?

A motor vehicle accident lawsuit is a formal legal proceeding initiated in civil courts under tort laws. Generally, these cases occur when you want to seek financial compensation for your property damage and personal injuries after a car crash.

They typically arise when the responsible party or their insurer is unwilling to reach a favorable settlement. It represents a shift from filing a normal insurance claim to requesting formal litigation through the civil court system.

When Should You Consider Filing a Lawsuit After a Car Accident?

Some different situations where you may want to consider filing a lawsuit include:

• Severe, permanent, or catastrophic injuries
• Bad-faith insurance tactics
• Lowball settlement offers
• Fault is in dispute
• The other driver is suing you
• Your loved one wrongfully died, and the other driver is at fault

What Are The Steps In The Car Accident Lawsuit Process?

There are several steps involved in filing a motor vehicle lawsuit in Wyoming. The steps begin the moment the accident occurs and continue until either a settlement is reached, or a verdict is returned at trial.

Post-Accident

• Obtain immediate medical treatment for any crash-related injuries.
• File a police report.
• Gather evidence, including photos, videos, and witnesses’ contact details.
• Consult with a car accident attorney as soon as possible.

Pre-Litigation

• Your lawyer will send a formal demand letter and packet to the at-fault driver’s insurance company requesting a specific settlement amount.
• Initial negotiations begin and most of the time, a fair settlement can be reached.

Starting The Lawsuit

• If pre-litigation negotiations fail, your attorney will file a formal complaint in the appropriate civil court.
• The defendant is served with your complaint along with an official court summons.
• The defendant or their insurance company’s lawyers will file an answer to the formal complaint, usually within 20 calendar days as allowed by the Wyoming Rules of Civil Procedure.

Discovery

Discovery is the next phase and the longest part of the lawsuit. It is where both sides are legally required to share evidence and information.

It can include:

• Written questions: Responses must be answered under oath.
• Document production: Medical records, lost wages, accident photos, and so on must be shared.
• Depositions: Sworn testimony is given out of court by the drivers, witnesses, and experts.
• Defense requested medical exam: Sometimes the defendant will want an independent medical exam performed by a doctor of their choosing.

A settlement could still be reached during the discovery phase.

Alternative Dispute Resolution And Pre-Trial Motions

If a settlement isn’t reached during discovery, the judge may formally require both parties to attempt alternative dispute resolution (ADR). A third-party, neutral mediator will attempt to help both sides negotiate and reach a settlement.

If ADR doesn’t work, then pre-trial motions begin. These are formal requests asking the judge to rule on specific issues, such as disallowing evidence or dismissing certain claims by the plaintiff or defendant.

Trial and Verdict

After pre-trial motions, the trial begins. It starts with selecting a jury for jury trials, and both parties have a say in who is on the jury.

Next, both sides present their case with:

• Opening statements
• Evidence
• Witness testimonies
• Expert testimonies

Both sides have the right to question any witnesses and experts. Once that is done, closing arguments are presented. Then the judge or jury deliberates and determines the verdict. Once a verdict is returned, post-trial motions and appeals may be filed if either side believes there were legal errors.

How Does The Insurance Claim Process Work Before Filing A Lawsuit?

The insurance claim process in Wyoming involves:

• Notifying your insurance company of the accident and providing them with the other party’s insurance information.
• Obtaining a police report.
• Submitting medical bills, lost wages, and property damage estimates.
• Reviewing your policy for uninsured/underinsured motorist coverage.

The insurers will investigate the claim, and the defendant’s insurance company may attempt to shift blame using modified comparative fault to reduce your settlement.

A claims adjuster can also make an initial settlement offer once their investigation is completed. However, you are not required to accept it.

What Happens After A Car Accident Lawsuit Is Filed?

Once you retain a Wyoming car accident lawyer, they take over managing your initial insurance claim. They will deal directly with the insurance companies, adjusters, and insurers’ legal teams. They will gather evidence, complete all paperwork, and file the necessary documentation with the defendant and the civil court.

How Long Does A Car Accident Lawsuit Take In Wyoming?

It depends on the specific circumstances of the case, the extent of injuries, and the value of your losses. Small claim amounts generally can be settled in about six months. For claims over $50,000 and up, it can take longer as the amount increases, ranging from 12 months to a few years. It also depends on the insurer’s willingness to settle the case.

What Damages Can You Recover In A Car Accident Lawsuit?

You can recover economic and non-economic damages, such as:

• Medical bills
• Lost wages
• Loss of earning capacity
• Property damage repair/replacement costs
• Loss of benefits
• Loss of enjoyment
• Loss of consortium
• Pain and suffering
• Emotional distress

What Evidence Is Important For Building A Car Accident Case?

Several key pieces of evidence are vital for building a strong case, including:

• Obtaining prompt medical treatment
• The police report
• Video camera footage
• Pictures of the crash scene and damages
• Witness statements
• Expert testimonial
• Medical records

Do Most Car Accident Cases Go To Trial?

The vast majority of car accident lawsuits never go to trial. Around 95% of cases are settled before even setting foot inside a courtroom. About another 2% settle after going to trial but before a verdict is returned.

How Can A Wyoming Car Accident Lawyer Help You Through The Lawsuit Process?

Some of the benefits of getting help from a Wyoming car accident lawyer to get through your lawsuit are:

• Conducts a thorough investigation into the accident.
• Obtains the evidence needed to build a strong case and prove negligence.
• Determines an accurate amount of your total losses, including things you may have overlooked.
• Helps fight fault disputes.
• Provides you access to other resources as needed.
• Calls on experts when needed.
• Works hard to negotiate and obtain a favorable settlement.
• Prepares for litigation and trial from the beginning.
• Ensures your settlement is dispersed correctly to pay off medical bills and other incurred expenses.

Request A Free Auto Accident Lawsuit Consultation Today

After being injured in a car crash in Wyoming, it is in your best interest to always get a free car accident lawsuit consultation. At Bachus & Schanker, we will review your case, value your claim, and provide honest legal advice to help you make informed decisions.

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