If you suffered an injury in an Oregon car crash, you may face significant medical bills, experience long-term disability, and have trouble making ends meet. However, you can also seek compensation for your injuries and financial losses through a car accident lawsuit.
When you’re owed money after you were injured in a collision someone else caused, you should understand the timeline associated with a lawsuit. With knowledge of the deadlines you must meet and the key steps you must take, you can protect your legal right to seek compensation.
An experienced car accident lawyer can handle all aspects of your case, including the initial investigation, negotiating for a settlement, filing your lawsuit, and representing you at trial. Contact Rizk Law for a free consultation about your case. We’ll explain your options for seeking recovery and walk you through what to expect from the legal process.
The Steps You Should Take After a Car Accident
After a car wreck, you should take the following steps to protect your right to recover compensation for your injuries:
- Seek medical attention – Always prioritize your health by seeing a doctor. Doing this will also create a record of your injuries and the treatments you underwent, which will be vital for your lawsuit.
- Gather evidence from the scene – When possible, photograph the accident scene and collect any witnesses’ contact information. You should also request a copy of the police report.
- File an insurance claim – Report the collision to your auto insurance provider and file a personal injury protection (PIP) claim with them. The PIP portion of your auto insurance policy will cover some or all of your medical expenses up to your policy limits and partial wage loss benefits after a motor vehicle accident, regardless of fault.
- Pursue other compensation options – Your PIP insurance may not be enough to cover all of your losses. Filing an insurance claim or lawsuit against the driver who caused the crash may be necessary to seek full compensation.
- Understand Oregon’s statute of limitations – Under Oregon law, car accident victims have two years to file lawsuits against the at-fault parties. Failure to file your lawsuit within this period could result in losing your right to recover compensation.
- Contact an attorney – The best way to protect your rights is to hire an experienced Oregon car accident lawyer as soon as possible.
Consult with a Car Accident Attorney
When you hire a lawyer, they can handle all aspects of your case so you can focus on your recovery. Some of the ways a personal injury attorney can help are:
- Assessing your case – When you consult with an attorney, they’ll evaluate your car accident case to determine its strengths and weaknesses.
- Gathering evidence – After hiring the attorney, they’ll help you gather vital evidence, including traffic camera footage and eyewitness statements.
- Negotiating with insurance companies – Your lawyer will negotiate with the insurance companies on your behalf, seeking a car accident settlement that covers all your expenses.
- Filing your personal injury lawsuit – If the insurance company refuses to offer a fair settlement, your attorney will file your lawsuit before the deadline set by Oregon’s statute of limitations.
Investigate and Gather Your Evidence
During the investigation phase of your case, your lawyer will gather various types of evidence that point to the other party’s fault for the collision. Some of the key ways attorneys investigate car accidents include:
- Reviewing police reports and medical records – The contents of the police accident report and your medical records can be crucial in establishing how a crash happened and the extent of your injuries.
- Contacting witnesses – Following up with eyewitnesses to collect their statements is an essential part of any accident investigation.
- Obtaining accident scene photos and videos – Your attorney can photograph the relevant traffic signs or skid marks on the road. They can also obtain traffic and security camera footage that captured the incident.
- Consulting experts – In some cases, lawyers hire accident reconstruction specialists to help determine how a crash occurred.
- Identifying all potentially liable parties – Multiple parties can be liable for a car crash, including other drivers, vehicle manufacturers, and government agencies responsible for road maintenance. Your attorney will identify all potentially liable parties.
Demand Package and Negotiations
Once your lawyer identifies the liable parties, they’ll submit a demand letter for the value of your personal injury claim. This letter outlines compensation you’re seeking for your injuries, such as money for:
- Past and future medical expenses related to the accident
- Long-term care and support costs for permanent disabilities suffered in the accident
- Lost wages and loss of future earning potential if your injuries affect your ability to work
- Physical pain and emotional suffering experienced because of the collision
- Reduced quality of life from permanent disability or disfigurement
Your attorney will then enter into settlement negotiations with the insurance companies. Through these negotiations, your attorney will seek compensation that covers all your expenses. Multiple rounds of negotiations may be necessary.
File the Lawsuit and the Pre-Trial Process Begins
If the insurance companies refuse to agree to your demands or offer a fair settlement, your next option is to file an Oregon car accident lawsuit against the liable parties. To file your lawsuit, you must submit a complaint, summons, and the filing fee to the court and serve the defendant with a copy of the paperwork. An attorney can assist you with this process.
After filing your lawsuit, your case moves into the pre-trial phase, which includes:
- Discovery – This is where both parties exchange information to get a complete picture of the lawsuit and the evidence. Depositions may be taken to obtain additional testimony or evidence.
- Motions practice – This is where the parties can file motions with the court before the trial begins, such as if they want to prevent certain evidence from being used.
The Trial Process
The car accident trial process involves several steps:
- Jury selection – The first step is to select a jury. The court summons potential jurors, and the judge and attorneys ask them questions to determine if they would be a good fit for the case.
- Opening statements – Once the court finalizes the jury, the attorneys will present their opening statements. They will lay out their general plan for the case and introduce the jury to important concepts to keep in mind going forward.
- Witness testimony – This is when witnesses testify about the accident in court. The attorneys can ask questions and present evidence to the witnesses for comment.
- Closing arguments – At the end of the trial, the lawyers make their closing arguments, recapping the case’s key points and urging the jury to decide in their client’s favor.
Something to remember throughout this process is that the judge doesn’t decide the outcome of your lawsuit in a jury trial. The jury determines the verdict and any compensation awarded. The judge’s role is to provide legal guidance to the jury and make sure the trial proceeds smoothly. However, you can request a bench trial where the judge decides the verdict, not a jury.
Post-Trial and Appeal Process
After the trial concludes, there are several potential outcomes:
- Settlement after trial – The parties involved in the trial can continue to negotiate for a settlement until the jury returns a verdict. If the parties agree to a settlement during the trial, the judge can sign off on the settlement amount and dismiss the lawsuit. The settlement terms will outline the amount of money the defendant owes and any conditions placed on the plaintiff.
- Jury award – If the jury decides the case in your favor, it will also determine how much compensation you deserve from the defendant. Juries can be unpredictable, so this award could be more or less than what you initially asked for in your demand.
- Losing verdict – If the jury decides the case in the defendant’s favor, you will not receive compensation. However, you also generally won’t have to pay your attorney fees because most injury attorneys work on a contingency basis – they only get paid from the settlement or award they achieve for you.
If either party is unhappy with the jury’s verdict, they can appeal it. However, an appeal is unlikely to be successful unless there was a mistake in how the jury applied the law.
Wait to Receive Your Compensation
After a settlement agreement or trial award, it can take several weeks to receive the money you are owed. Once your attorney has the funds, they’ll take their fee out and may pay off any outstanding medical liens. After that, they’ll send you the rest of the money so you can pay your other medical bills and expenses.
We Can Help Injured Victims of Car Accidents Demand What They Deserve
Understanding the timeline for car accident litigation can help you pursue the compensation you need. If you don’t know how this lawsuit timeline works, you could miss vital deadlines or enter negotiations or a trial without the proper preparation.
If you suffered an injury in an Oregon auto accident, contact Rizk Law for a free consultation with one of our experienced personal injury attorneys. We’ll review your case, explain your legal options, and help you through each step of seeking the compensation you deserve.
Our experienced team has recovered millions for our deserving clients, including $900,000 after a car was T-boned by a delivery truck. Past clients say we provide “phenomenal assistance with the most caring and awesome lawyers you can find.” Reach out today to find out how we can help you, too.