Being involved in a car accident is stressful enough-navigating the legal process afterward can feel overwhelming. Many victims in Naples and Fort Myers, Florida, and Roswell, Georgia, want to know how long an auto accident lawsuit takes and what steps are involved. At Kelleher Law, we guide clients through every stage, fighting for the compensation they need to rebuild their lives.
Step 1: Medical Treatment and Investigation
Your health comes first. After an accident, it’s important to seek medical care immediately. At the same time, your attorney begins gathering evidence such as:
- Police accident reports
- Photos of the scene and vehicles
- Witness statements
- Medical records linking injuries to the crash
Step 2: Filing the Claim
Once evidence is collected, a claim is filed with the at-fault driver’s insurance company. In Florida, because of its no-fault system, your own Personal Injury Protection (PIP) coverage is often the first source of medical payment, but serious injuries may allow you to pursue a claim against the at-fault driver. In Georgia, which follows a fault-based system, claims are filed directly against the responsible driver.
Step 3: Settlement Negotiations
Most auto accident cases are resolved through negotiations with insurance companies. Your attorney will calculate damages for:
- Medical bills (current and future)
- Lost wages
- Property damage
- Pain and suffering
- Long-term disability or care needs
Insurance companies may try to settle quickly and for less than your claim is worth-having a lawyer ensures you’re not pressured into a lowball offer.
Step 4: Filing a Lawsuit
If negotiations don’t result in a fair settlement, your attorney may file a lawsuit. This doesn’t mean the case will automatically go to trial; many cases still settle after litigation begins.
Step 5: Discovery Phase
During discovery, both sides exchange evidence. This may include depositions, expert witness testimony, and medical evaluations. Discovery is a crucial step where the strength of your case is built.
Step 6: Mediation or Trial
Courts often encourage mediation before trial. If settlement isn’t reached, the case moves forward to trial, where a judge or jury decides liability and compensation.
How Long Does the Process Take?
Every case is different, but factors that affect the timeline include:
- Severity of injuries and length of medical treatment
- Complexity of proving liability
- Willingness of the insurance company to settle
- Court scheduling if a trial is necessary
Some cases resolve in a few months, while others may take a year or longer.
Why Work With Kelleher Law?
Auto accident cases are complex and require persistence. At Kelleher Law, we:
- Handle all communication with insurers
- Work with accident reconstruction and medical experts
- Fight for maximum compensation through negotiation or trial
- Support clients throughout the process so they can focus on recovery
Serving Clients in Florida and Georgia
From crashes on I-75 near Fort Myers and US-41 in Naples to busy intersections in Roswell, Georgia, Kelleher Law is here to guide you through every stage of the auto accident claims process.
