The question of whether to file a lawsuit after a car crash that wasn’t your fault weighs heavily on your mind as you look at another stack of medical bills. Three months ago, a distracted driver blew through a red light and slammed into your car. The at-fault driver's insurance company just denied your claim, claiming their client had a green light, despite what the police report shows. So, what’s next?
John Beck and Paul Beck, our Omaha car accident injury lawyers at Beck & Beck, understand how stressful this situation can be. We also know that you might have grounds for a car accident lawsuit. We guide clients through each step of the legal process while fighting to protect their rights.
When to Consider Filing a Car Accident Lawsuit
This action might be necessary due to several situations after a car accident. For example, you may want to take legal action for fair compensation if the insurance company:
- Denies your claim.
- Makes an unfairly low settlement offer.
- Fails to negotiate in good faith.
Additionally, if your injuries require ongoing medical care or prevent you from working, a lawsuit allows you to pursue compensation that covers current and future expenses.
The Nebraska statute of limitations to file a lawsuit is typically four years, but it’s best to file sooner rather than later. Evidence may disappear, witnesses' memories fade, and you might miss important deadlines, affecting your right to a settlement.
5 Key Steps in Filing Your Car Accident Lawsuit
Understanding the filing process helps you know what to expect when pursuing a car accident lawsuit. At Beck & Beck Attorneys, here's what typically happens after you decide to take legal action.
1. Evidence Gathering
Our team collects police reports, medical records, witness statements, and accident scene photos to build a compelling case that documents your injuries, lost wages, and other damages.
2. Filing the Complaint
Once we have the necessary evidence, we’ll file a complaint with the court outlining how the defendant caused your accident and details the compensation you seek.
3. Defendant's Response
Nebraska Code § 6-1112 states the defendant has 30 days to respond to your complaint with their answer, which typically admits or denies your allegations. A response may include countersuits.
4. Court Schedule
After receiving the defendant's response, the court issues a scheduling order with key deadlines and dates to keep your case moving forward efficiently.
5. Legal Management
Throughout this process, our team handles all court filings and meets deadlines while informing you of significant developments in your case.
These steps lay the groundwork for pursuing fair compensation through either settlement negotiations or trial while protecting your legal rights. Once these steps are complete, a lawsuit can be filed and the discovery phase begins.
The Discovery Phase of Your Lawsuit
Both sides exchange information about the case to uncover all relevant facts and evidence during the discovery phase. Here are the steps to expect during discovery:
- Interrogatories. Under oath, each party must answer written questions that include details about the car accident, injuries, medical treatment, and financial losses.
- Document requests. Information such as medical records, repair estimates, insurance policies, and employment records strengthens your claim for damages.
- Depositions. Witnesses, including parties involved with the accident, eyewitnesses, and medical providers, testify under oath about what they know.
- Expert witnesses. Your case may also benefit from testimony from professionals such as medical experts to explain your injuries and accident reconstruction experts to demonstrate how a crash occurred.
Discovery may take several months, but this thorough process often reveals evidence that strengthens your position during settlement negotiations. Your attorney handles all aspects of discovery while keeping you informed of important developments.
Settlement Negotiations and Mediation
Most car accident lawsuits settle before trial through negotiations between attorneys. The discovery process usually provides both sides with enough information to realistically assess the case's value.
Our goal at Beck & Beck is to present compelling evidence of your damages while addressing any defenses raised. Initial settlement offers are often low, but skilled negotiation can lead to fair compensation. Throughout this process, you'll receive our honest advice about whether to accept or continue, but the final decision remains yours.
If direct negotiations stall, mediation offers another path to resolution. A neutral mediator facilitates discussions between parties to find common ground.
Rely on Our Skilled Auto Accident Legal Team
After a collision, don’t feel like you have to navigate the daunting process alone. Beck & Beck Attorneys has helped countless Nebraska residents secure fair compensation for their injuries and losses. Auto accident law is our entire focus, so we’ll manage every aspect of your case while you concentrate on recovery.