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:
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:
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:
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:
At Kelleher Law, we proudly represent tenants and visitors injured at apartment complexes in Naples, Fort Myers, and throughout Southwest Florida, as well as Roswell and the greater Atlanta area in Georgia.