Injured in a Car Accident? Legal Steps, Filing Claims, and Lawsuit Timelines

Car accidents leave behind more than twisted metal—they can derail your health, disrupt your work, and raise questions you’ve never had to ask before. 

When you’ve been injured in a car accident caused by a negligent driver, the physical and emotional consequences can dominate your life. But as your body begins to heal, another reality sets in: your legal rights and financial future are on the line. 

In the days and weeks that follow, you may find yourself dealing with insurance forms, medical bills, and calls from insurance adjusters, all while trying to recover physically and emotionally. Choosing when and how to take legal action is one of the most important decisions you’ll face during this time.

This guide breaks down the legal process in plain language. Whether you’re filing a claim or preparing for a lawsuit, you’ll find clear steps, realistic timelines, and insight to help you make informed decisions.

 

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Why Legal Representation Matters After a Car Accident

Hiring an attorney after a serious car accident protects more than just your legal rights—it safeguards your long-term health, family, finances, and peace of mind. 

Taking legal action after a car accident can be challenging, especially if you or a loved one suffered serious injuries. Your health and well-being are always your top priority after an accident. 

Even if you felt fine at the accident scene, you should still seek medical attention. Some injuries, such as whiplash, concussions, traumatic brain injuries (TBIs), internal bleeding, and internal injuries, may not be noticed immediately. If you wait too long and your injuries develop or worsen, it gives the at-fault party’s insurance company opportunities to challenge your claim. 

Whatever your situation is, consulting with an experienced car accident lawyer can give you the confidence and clarity to move forward. 

Why is it Important to Take Legal Action Quickly After a Car Accident?

One of the most overlooked truths about car accident claims is how quickly evidence can disappear. Witness memories fade, vehicles get repaired, surveillance and dashcam video may be erased, and documentation may get lost or deleted. By taking legal action early, your attorney can preserve key evidence, obtain important records, and start building your case with the strongest foundation possible. This can make a major difference in the outcome of your claim.

Working with a personal injury lawyer also gives you a stronger voice and leverage against powerful insurance companies. Insurance adjusters are trained to minimize payouts, even when fault is clear and injuries are serious. 

Without a lawyer, insurance adjusters will be encouraged to settle quickly for an amount far below what your case is worth. Taking legal action levels the playing field and ensures that a qualified lawyer is advocating solely for your interests, not the insurer’s bottom line.

Beyond financial compensation, pursuing a legal claim helps hold negligent drivers accountable. Your case could not only provide for your recovery, but it could also prevent similar harm from happening to someone else. In cases involving drunk drivers, distracted driving, or repeat offenders, legal action can make a broader public impact.

If you’re unsure whether your situation justifies a claim, a personal injury attorney can help you decide the best way forward. There’s no harm in asking questions—and in most cases, your first consultation is completely free. It’s not about rushing into a lawsuit. It’s about understanding your rights, your options, and whether legal action is the right next step for you.

Filing a Car Accident Claim

After hiring an attorney to handle your case, filing a claim is the first formal step toward compensation. This process varies depending on your state’s laws and the type of claim.

The type of insurance claim you file depends on who was responsible for the crash and what kind of insurance system your state follows. If you live in a no-fault state, you’ll typically file a party claim with your own insurance provider to cover your medical expenses and losses.

If another driver is responsible and your state uses a fault-based system—as Colorado does—you will file a third-party claim directly with the at-fault driver’s insurance company. 

This type of claim seeks compensation for your medical bills, property damage, lost wages, and other losses. Determining which route to take can be complicated, especially in states with unique thresholds or hybrid rules, so working with a lawyer early in the process can spare you a lot of stress and save you valuable time.

What your claim should include

Your claim should detail:

• Medical records and bills
• Proof of lost wages or income
• Vehicle repair or replacement estimates
• Photos from the accident scene, vehicle damage, and visible injuries
• Witness statements and contact information
• The official police report
• Receipts for out-of-pocket expenses related to the crash (such as rental cars, towing, transportation to medical visits)
• A personal injury journal documenting pain levels, mobility, emotional impact, and recovery milestones
• Documentation of future anticipated costs, such as ongoing treatment or therapy, especially in cases involving long-term injuries

Your attorney will work with you and others to compile this information and ensure that your claim is thorough and timely.

When a Car Accident Claim Becomes a Lawsuit

The process of filing and negotiating a claim with the at-fault party’s insurance company is relatively informal—negotiations happen outside of court, often through written communication and phone calls.

But despite rounds of negotiation between your lawyer and the at-fault party’s insurance company, not all claims end in a fair settlement. If the insurance company refuses to accept responsibility, downplays your injuries, or offers far less than your claim is worth, you have the right to escalate your case. That’s when your claim becomes a lawsuit.

Your attorney will formally file a complaint in civil court, which starts the litigation process and signals to the defendant that you’re serious about recovering what you’re owed.

Here’s a look at the steps involved in a car accident lawsuit. Keep in mind that a lawsuit doesn’t always spell the end of negotiations. Both sides may continue to reach a deal during the process, up to the judge’s decision or the jury’s verdict. 

Serving the defendant

Once a lawsuit is filed, the defendant’s insurance company usually becomes the primary party responsible for handling the case. The insurer is notified when the defendant is served with the complaint, allowing them to open a defense file, assign legal counsel, and prepare a response. 

Because the insurer is typically the one that pays any settlement or court-ordered judgment, their involvement is immediate and central. Once served, the defendant typically has 20 to 30 days to respond, although the exact timeline depends on the rules of the court where the lawsuit is filed.

Discovery phase

Discovery is the evidence-gathering stage of a lawsuit. Both sides exchange information, including documents and sworn statements, to better understand each other’s arguments. 

Depositions allow attorneys to ask witnesses and parties questions under oath. Interrogatories are written questions that must also be answered truthfully. Document requests typically include medical records, accident reports, and communications.

This phase can last several months and may extend to over a year in more complex cases. Discovery helps lay the groundwork for the trial. It reveals strengths and weaknesses on both sides, encourages fair settlements, and helps determine how damages are calculated and defended.

Pre-trial motions and settlement discussions

Before trial, attorneys may file motions to resolve legal issues or limit what evidence is allowed. These motions can help define what the jury will hear and shape the strategy going into court.

At the same time, both sides often revisit settlement talks. With all evidence gathered and trial costs looming, parties may be more motivated to negotiate. Many cases resolve here, often just before the trial date. If no agreement is reached, the case continues to trial. Many personal injury cases settle during this phase, often days or even hours before the scheduled trial. 

Trial

If no settlement is reached, the case goes to trial. Both sides present evidence, question witnesses, and make arguments before a judge or jury. The plaintiff must prove the defendant’s negligence caused their injuries.

Trials follow a structured process, including jury selection, testimony, and closing arguments. After hearing the case, the jury or judge decides liability and damages. Trials can last from a day to several weeks and may be necessary when disputes over fault or damages remain unresolved.

Post-trial motions and appeals

Most personal injury cases resolve before reaching this stage, but occasionally, post-trial motions or appeals follow a verdict. These motions may request the court to change the outcome or order a new trial due to legal errors. If a party believes the trial was unfair or mishandled, they may file an appeal, asking a higher court to review the case.

Appeals focus on legal mistakes—not disputed facts—and can take months or more to resolve. While relatively rare, this phase adds time, cost, and complexity. For most claimants, the case concludes once the verdict is finalized and any post-trial actions are complete.

At a Glance: How Long Each Legal Phase May Take

While every case is different, here’s a broad idea of how long each phase in the car accident lawsuit process may take:

• Filing the complaint: Typically completed within a few weeks once the decision to sue is made.
• Notifying the insurance company and serving the defendant: Usually happens within a few weeks, but can take longer if the defendant is difficult to locate.
• Discovery phase: Often spans several months, depending on how much evidence and how many witnesses are involved.
• Pre-trial motions and settlement discussions: Can last a few weeks to a few months, depending on the complexity of the issues and willingness to negotiate.
• Trial: May last from a single day to several weeks, with court scheduling playing a big role in timing.
• Post-trial motions and appeals: Rare, but when they occur, they can extend the case by months or even longer.

In general, straightforward cases might wrap up in a matter of months, while more complex or disputed cases may take over a year to fully resolve.

Factors That Affect Settlement Timelines

Several elements can influence how long it takes to resolve your case:

• Severity of injuries: More serious injuries often require longer medical treatment, which can delay settlement discussions.
• Disputed liability: If fault is contested, additional investigation and negotiation are needed.
• Insurance company tactics: Some insurers may delay proceedings to pressure you into accepting a lower settlement.
• Court schedules: If your case goes to trial, court availability can affect timing.

Legal Deadlines You Can’t Afford to Miss

Every state sets a deadline for filing personal injury lawsuits, known as the statute of limitations. This legal timeframe determines how long you have to take action after an accident. Missing this deadline can permanently bar you from recovering compensation, regardless of how strong your case may be.

Time limits vary by state and by case type. For example, in Colorado, the statute of limitations is generally two years for personal injury cases, but it extends to three years if a motor vehicle was involved. Other states may give you more or less time depending on the circumstances and type of claim.

Because these time limits can be complex and unforgiving, it’s critical to consult a personal injury attorney as soon as possible. They can assess the specific facts of your situation and make sure you don’t miss any important legal deadlines that could jeopardize your right to recover damages.

Damages You May Be Entitled to Recover

The harm caused by a car accident often extends far beyond physical injuries. A serious crash can impact your health, income, personal life, and financial stability. If another driver’s negligence caused your injuries, you have the right to pursue compensation for your losses. This compensation, also known as damages, can take several forms:

• Medical expenses
• Lost wages or income
• Reduced earning capacity
• Property damage
• Pain and suffering
• Out-of-pocket costs
• Loss of quality of life
• Loss of companionship or consortium
• Wrongful Death

An attorney will evaluate the full scope of your damages—both financial and emotional—to present a strong, complete claim. Thorough documentation and expert input can help ensure you seek the maximum compensation available under the law.

Get the Help You Deserve—Speak With a Car Accident Attorney Today

If you’ve been seriously injured by a negligent driver in the Denver area or anywhere in Colorado, Fuicelli & Lee can provide the support and legal guidance you need. We prepare every case we take on as if it’s going to trial.

 Our strategy and trial experience give us the leverage to settle most cases fairly without going to court, but we never back down until you get the full, fair, and complete compensation you deserve. 

Call us at (303) 444-4444 or contact us online for a free consultation. There is no obligation, and we work on a contingency fee basis, so you never pay anything for our services unless we win your case. We offer virtual and in-person meetings and proudly serve clients across Colorado.

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