What to Expect in a Car Accident Lawsuit

The Short Answer:

A car accident lawsuit is a legal action you can take when an insurance claim doesn’t fully cover your medical bills, lost wages, and other losses. It begins after you file a claim with the at-fault driver’s insurance, and if negotiations fail, your attorney files a lawsuit to pursue full compensation through the court system. The process typically involves filing the complaint, entering the discovery phase where both sides exchange evidence, engaging in settlement negotiations, and, if necessary, proceeding to trial. Throughout each step, an experienced Maine car accident lawyer can guide you, protect your rights, and work toward the best possible outcome.

Key Takeaways

• A car accident lawsuit allows you to seek full compensation when insurance doesn’t cover all your losses.
• The process involves multiple stages, such as filing a complaint, exchanging evidence in discovery, settlement negotiations, and, if needed, a trial.
• Most car accident lawsuits settle before trial, and having a skilled attorney strengthens your negotiating position.
• Maine’s statute of limitations generally gives you 6 years to file an injury lawsuit after a crash, though shorter deadlines can apply.
• A qualified attorney can help protect your rights, handle insurance companies, and maximize your recovery.

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What Is a Car Accident Lawsuit?

A car accident lawsuit is a civil claim filed against the driver (or their insurer) responsible for your injuries. It’s different from a simple car accident claim, which is filed directly with the insurance company.

When negotiations fail or your damages exceed policy limits, filing a lawsuit allows you to seek full compensation for your medical expenses, property damage, lost income, and pain and suffering.

When to File a Car Accident Lawsuit

You may want to file a lawsuit if:

• The insurance company denies your claim or delays payment.
• The settlement offer doesn’t reflect your true losses.
• The at-fault driver is uninsured or underinsured.
• Serious or long-term injuries lead to significant medical costs or disability.

Before filing, your lawyer can review evidence such as police reports, medical records, and witness statements to determine the strength of your case.

How to File a Claim for a Car Accident

Before filing a car accident lawsuit, most cases begin with an insurance claim. This step is your first opportunity to recover compensation for medical bills, lost wages, and vehicle repairs. The car accident claim process typically includes:

1. Notify your insurer and the at-fault driver’s insurance company as soon as possible. Provide only basic facts about the accident (time, date, and location) and avoid speculating about fault.
2. Submit thorough documentation such as medical bills, photos of the scene, witness contact information, and repair estimates. The more evidence you provide, the stronger your claim.
3. Cooperate with investigations from both insurance companies, but never give a recorded statement or sign anything without reviewing it with your lawyer.
4. Review settlement offers carefully before agreeing to them. Insurance companies often offer less than what your case may be worth to close claims quickly.

If the insurer refuses to pay a fair amount, your attorney can transition your case from a claim to a car accident lawsuit. This formal legal action allows you to pursue the full value of your damages in court and hold the negligent driver accountable. A lawyer can handle all communication with insurers, ensure you meet filing deadlines, and protect your right to maximum compensation.

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The Car Accident Lawsuit Process

Understanding the car accident lawsuit process can help you feel more confident about what lies ahead. While every case is unique, most lawsuits follow these key stages:

1. Initial Consultation and Case Review: Your lawyer will start by reviewing the details of your accident, collecting evidence like police reports, medical records, and witness statements. They’ll assess fault, estimate your damages, and explain your legal options. This stage helps determine whether to pursue a car accident claim or move forward with a lawsuit.
2. Filing the Complaint: Once you decide to move forward, your attorney files a formal complaint in civil court. This document outlines your allegations, the damages you’re seeking, and how the other driver’s negligence caused your injuries. Filing officially begins the lawsuit.
3. Serving the Defendant: The at-fault driver (the defendant) must be notified of the lawsuit through a legal process called “service of process.” They’ll then have a limited time to respond, admitting or denying the claims.
4. Discovery Phase: During discovery, both parties exchange information and evidence. This stage may include:
   • Depositions, where witnesses and parties give sworn testimony.
   • Interrogatories, or written questions exchanged between parties.
   • Requests for documents, such as medical records, photos, or insurance policies.
5. Negotiations and Settlement Talks: Most car accident lawsuits are resolved before trial through negotiation or mediation. Your lawyer will work to reach a fair settlement that fully compensates you for your losses.
6. Trial: If settlement negotiations fail, your case proceeds to trial. Both sides present evidence and arguments before a judge or jury. Your attorney will advocate on your behalf, showing how the defendant’s negligence caused your injuries and why you are entitled to compensation.
7. Verdict and Appeal: After hearing all evidence, the court delivers a verdict and determines the amount of damages awarded. If either party disagrees with the outcome, they may file an appeal.

How Long Does a Car Accident Lawsuit Take?

The timeline varies by case complexity.

• Simple cases may settle in a few months.
• Moderate cases involving injury disputes may take 6–12 months.
• Complex cases with serious injuries or multiple parties can last a year or more.

Factors such as medical treatment duration, discovery delays, and court scheduling influence how long your lawsuit will take.

How Long Do You Have to File a Car Accident Lawsuit?

In Maine, you generally have 6 years from the date of the accident to file a car accident lawsuit. However, some deadlines can be as short as 30 days. It’s best to consult a car accident lawyer as soon as possible to ensure your case is filed on time and your rights are protected.

Potential Damages in a Car Accident Lawsuit

If you’ve been injured in a car accident, you may be entitled to recover several types of damages that are meant to compensate you for both financial losses and the physical or emotional harm you’ve suffered.

You may be able to recover compensation for:

• Medical expenses, both past and future
• Lost income and reduced earning ability, if your injuries keep you from working temporarily or permanently
• Pain and suffering for the physical discomfort and ongoing pain caused by your injuries
• Property damage covering repairs or replacement costs for your vehicle and any personal belongings damaged in the crash.
• Emotional distress for the mental health impacts that often follow serious accidents
• Loss of enjoyment of life for the ways your injuries have limited your ability to enjoy daily activities, hobbies, or relationships.

A skilled attorney from Lowry Law can evaluate every aspect of your case to help make sure no damages are overlooked and you pursue the maximum compensation available under Maine law.

Average Car Accident Lawsuit Settlement

Every car accident lawsuit is different, and the settlement amount depends on a variety of factors, including:

• The severity of your injuries and how long recovery takes
• Medical bills and projected future treatment costs
• Lost wages and any reduction in future earning ability
• Property damage to your vehicle and personal belongings
• Pain, suffering, and emotional distress caused by the crash

Your settlement amount reflects how deeply the accident has affected your health, income, and daily life. Since most car accident cases settle before reaching trial, a skilled lawyer can present your case effectively and make sure you aren’t pressured into accepting less than you may be entitled to.

Is It Worth Suing Over a Car Accident?

In many cases, yes. Filing a lawsuit ensures you have the power to demand fair compensation when insurers undervalue your claim.

However, it’s most beneficial when:

• You sustained serious or long-term injuries
• Liability is clearly established

Your lawyer can evaluate the strength of your case, the expected timeline, and the potential recovery to help you make an informed decision.

Why Choose Lowry Law for Your Car Accident Lawsuit

When you’re recovering from a serious car accident, choosing the right lawyer can make all the difference. At Lowry Law, we’re your dedicated partners in rebuilding your life after a crash. Our firm has earned a reputation throughout Maine for handling complex car accident lawsuits with skill, compassion, and relentless determination.

From the moment you contact us, we take on the heavy lifting by investigating your accident, negotiating with insurers, and preparing your case for trial if necessary so you can focus on healing.

Here’s what sets Lowry Law apart:

• Proven Results and Experience: Our attorneys have decades of combined experience successfully representing clients in injury cases across Maine. We know what it takes to stand up to large insurance companies and win meaningful compensation.
• In-Depth Knowledge of Maine Law: We understand Maine’s laws and how to use them to strengthen your case.
• Aggressive Negotiation, Strategic Litigation: Whether we’re at the negotiating table or in the courtroom, we fight tirelessly for the best outcome. We don’t settle for less than what you may be owed.
• Personalized Attention, Compassionate Support: You’re never just a case number to us. We take the time to understand your story, your injuries, and your goals, and we build a legal strategy that reflects them.
• No-Fee Promise: With our contingency fee structure, you pay nothing upfront and no legal fees at all unless we win your case.

We believe every client deserves an advocate who listens, cares, and fights strategically to secure the best possible outcome for your car accident lawsuit. If you’ve been injured in a car accident, our legal team is ready to protect your rights and pursue the compensation you may be entitled to, from your first claim to the final verdict.

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Ready to Take Action? Speak to a Maine Car Accident Lawsuit Attorney

If you’ve been injured in a car accident in Maine, you shouldn’t have to deal with insurance companies, paperwork, and mounting bills on your own. The experienced attorneys at Lowry Law are here to stand up for you, keeping you informed and supported every step of the way.

Schedule your free consultation today to speak with a trusted Maine car accident lawsuit attorney. Let us help you rebuild, recover, and move forward with confidence.