At Christmas Injury Lawyers, we understand how stressful, painful, and confusing it can be after a car accident. You were doing everything right, then suddenly you're dealing with injuries, medical bills, lost wages, and calls from the other driver's insurance company. If you've been hurt in a car crash and the insurance company won't do what's right, we will. We aren't afraid to take your fight to court.
This guide walks you through the process of filing a lawsuit for a car accident, especially when settlement negotiations break down and court becomes necessary. You deserve fair treatment, and our team of trial attorneys is ready to take legal action when the insurance company refuses to act in good faith.
Understanding the Car Accident Lawsuit Process
Most car accident cases start with filing a claim with the at fault driver's insurance company. This kicks off an investigation that includes police reports, medical records, vehicle repairs, and witness statements. Your car accident attorney will submit a demand letter outlining your damages, including medical bills, lost wages, property damage, and non economic damages like pain and suffering.
If the insurance company makes a settlement offer that's far less than what you deserve, we move into settlement negotiations. In most car accident lawsuits, this phase ends with a settlement agreement. But if the insurance company refuses to do what's right, your legal team will file a lawsuit.
When Negotiation Fails: Filing a Car Accident Complaint
A car accident complaint is the formal start of your legal case. It's a document filed with the court that states the facts of the accident, identifies the negligent party, and details how the plaintiff sustained injuries.
Once the plaintiff files, the defendant files a response. This launches the legal process known as discovery, where both sides gather evidence like witness testimony, medical treatment history, and physical evidence from the accident scene.
Your law firm will use this phase to build a rock-solid personal injury lawsuit and prepare for trial if needed.
Trial Prep: What Happens Before Your Day in Court
If the parties agree to a settlement during discovery, the case ends. But if not, your car accident lawsuit heads toward a jury trial. Here’s what we handle before your trial date:
- Subpoenaing witnesses, including immediate family members if necessary
- Organizing medical expenses, license plate photos, and left lane violations
- Working with experts to analyze car crashes
- Filing pre-trial motions to shape the case
Your experienced attorney will walk you through everything so you're never left in the dark.
Inside the Courtroom: Taking Your Auto Accident Lawsuit to Trial
During your car accident lawsuit trial, your attorney presents your case. This includes:
- Opening statements
- Presentation of witness testimony and medical records
- Cross-examinations of the other driver
- Evidence of pocket expenses, medical care, and property damage
- Closing arguments
The jury will determine if the defendant is legally responsible and, if so, what financial damages you're entitled to.
If either party disagrees with the result, they can appeal to an appellate court.
Why Most Car Accident Lawsuits Don't Make It to Court
Most auto accident cases settle out of court because trials are time-consuming and expensive for insurance companies. But the only way to secure a fair settlement is by showing you’re willing to go to trial. Insurance companies know which firms fight and which fold. At Christmas Injury Lawyers, we fight.
Frequently Asked Questions
How long do I have to file a car accident lawsuit after a car crash?
In South Carolina, the statute of limitations is generally three years from the date the accident occurred. It’s best to consult an attorney immediately to protect your rights.
What if the at fault driver doesn't have insurance?
You may still recover damages through your own insurance policy under uninsured or underinsured coverage. Our attorneys can help you explore all avenues.
What can I recover in a personal injury case?
Damages may include medical expenses, lost wages, vehicle repairs, non economic damages, and more. We work to ensure nothing is left on the table.
How do I know if my case will go to court?
If a fair settlement can't be reached, we may file suit. Rest assured, we prepare every car accident case for trial from day one.
What does it cost to hire a car accident attorney?
We work on a contingency fee basis. That means we only get paid if we win money for you. You pay nothing upfront.
What should I do immediately after car accidents?
Start by checking for injuries and calling 911. If you're able, document the accident scene, gather witness information, and take photos. Getting immediate medical attention and contacting a car accident attorney should follow.
How do I file a car accident claim?
You start by reporting the accident to the appropriate insurance company. An experienced attorney can help file your claim, collect evidence, and negotiate for a fair settlement. We make sure your claim is properly prepared and aggressively pursued.
Take the Next Step with Christmas Injury Lawyers: Schedule Your Free Consultation
When you’ve been injured in a car accident, you don’t need more stress. You need answers, support, and someone willing to stand up to the insurance company. At Christmas Injury Lawyers, we treat you like family and fight like your future depends on it—because it does.
Don't let the insurance company decide what your recovery is worth. Call Christmas Injury Lawyers today at (843) 380-4112 or click 'Contact Us' to schedule your free case evaluation. Let’s take the next step together.
