The impact of a serious car crash never stops at the scene. Long after the cars are towed away and the police report is filed, you’re still left with the pain, the bills, the frustration, and the unanswered questions.
The moment you realize the insurance settlement won’t come close to covering your losses, the next thought usually arises soon after: what happens in a car accident lawsuit?
A lawsuit is seldom the first step in securing the compensation that car accident victims need for their injuries and losses. The process usually begins with negotiations and escalates when the insurance company refuses to offer you a reasonable amount.
If a negligent driver injured you, an experienced car accident lawyer can help you fight for the compensation you need to recover and move ahead. Here we’ll look at the steps involved so you can feel more prepared as you consider your next steps.
Key Takeaways About What Happens in a Car Accident Lawsuit?
- A car accident lawsuit typically starts with filing a claim, then moves through investigation, demand letters, and potentially a formal court filing.
- Most cases resolve during pretrial negotiations, but some proceed to trial if the insurer refuses to settle fairly.
- Washington applies a pure comparative fault rule, meaning you may recover compensation even if you were partially at fault for the accident.
- The statute of limitations for most car accident lawsuits in Washington is three years from the date of the crash.
- Insurance adjusters often try to shift blame or downplay your injuries. Having legal support helps protect your rights and your claim’s value.
- A personal injury lawyer can handle communications, gather evidence, and guide you through each stage of the lawsuit
Filing a Car Accident Claim in Washington
The first step toward recovering compensation usually involves filing an insurance claim. Washington follows a fault-based insurance system, which means the driver who caused the crash is legally responsible for covering the damages. Depending on the circumstances, you may need to file different types of claims:
- First-party claims: These are claims you file with your own insurance company under coverages you purchased, such as Personal Injury Protection (PIP), MedPay, or Uninsured/Underinsured Motorist (UM/UIM) coverage.
Personal Injury Protection (PIP), for example, can pay for medical bills and lost income right away, regardless of who caused the crash. While PIP coverage is optional in Washington, insurers are required to offer it, and it’s strongly recommended because of the immediate benefits it provides after a crash.
- Third-party claims: These are claims you file against the at-fault driver’s insurance company. They typically include requests for reimbursement of medical expenses, lost wages, property damage, and pain and suffering. In Washington, this is usually the main route for recovering full compensation after a crash.
Every Washington driver must carry liability insurance of at least:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $10,000 for property damage
These minimums often fall far short in serious injury cases. That’s why attorneys frequently explore both first-party and third-party coverage to maximize available compensation.
How Long Do Car Accident Lawsuits Take in Washington?
Lawsuit timelines vary, but car accident lawsuits in Washington usually resolve in several weeks or months. A case involving minor injuries and clear liability might settle within a few months. In contrast, a case involving multiple defendants, extensive damages, or contested liability could take significantly longer.
Several factors affect how long a car accident lawsuit takes:
- Severity and duration of your medical treatment
- Availability of evidence and witnesses
- The insurance company’s willingness to negotiate
- Whether the case proceeds to trial
Because these limits are low compared to the costs of serious injuries, many accident victims quickly find that insurance alone won’t cover everything. That’s when an attorney’s role becomes especially important. Your lawyer can review all available coverage, identify every potential source of recovery, and push back against insurers who try to downplay your claim.
If the insurance company refuses to pay fairly, or if your damages exceed what insurance can provide, the next step may be a lawsuit. Taking legal action isn’t about rushing into court but protecting your future when negotiations aren’t enough. Knowing how that process works can help you feel more confident about what comes next.
What is the Car Accident Lawsuit Process Like?
If settlement talks fail, your case may move into formal litigation. A lawsuit doesn’t automatically mean you’ll end up in front of a jury, but it does set a legal process in motion. Each stage builds on the last, and knowing what to expect can make the journey less stressful.
Initial complaint
Your attorney begins by filing a formal complaint in civil court. This document outlines what happened, how the other party was negligent, the damages you’re seeking, and why the court has jurisdiction. Filing the complaint signals that you’re moving beyond insurance negotiations and are prepared to pursue compensation through the court system.
Service of process
After the complaint is filed, the defendant must be notified. This step, called service of process, ensures the other party receives the lawsuit and understands their legal obligation to respond. In Washington, the defendant typically has 20 days to file a response once served.
Answer
The defendant’s answer is their first formal response. They may admit fault, deny the allegations, or raise defenses to shift blame. In some cases, the defendant files a counterclaim, arguing that you were partly or fully responsible for the crash. Your lawyer will carefully review this response and prepare a strategy to address it.
Discovery phase
The discovery process is often the longest part of a lawsuit. Both sides exchange evidence, submit written questions (interrogatories), request documents, and take depositions. This stage provides the foundation for trial or settlement because it reveals the strengths and weaknesses of each side’s case. Your testimony, medical records, and accident evidence all come into play here.
Pre-trial motions
Attorneys may file pre-trial motions to shape what happens next. A defense lawyer might ask the court to dismiss the case or exclude key evidence. Your attorney may file motions to keep certain questions out of trial or to strengthen your claim with favorable rulings. These motions can narrow the issues and sometimes even resolve parts of the case before trial.
Mediation or arbitration
Courts often encourage mediation or arbitration as alternatives to trial. In mediation, a neutral mediator helps both sides negotiate a settlement. Arbitration is more formal and can lead to a binding decision. Many car accident lawsuits in Washington resolve during this stage, saving time and avoiding the uncertainty of a trial.
Trial
If negotiations fail, your case proceeds to trial. Here, your attorney presents evidence, questions witnesses, and makes arguments before a judge or jury. The defense does the same. At the end of the trial, the jury (or judge, in some cases) decides liability and the amount of damages. While trials are less common, they are sometimes necessary to achieve a fair result.
Each of these stages can involve delays, especially if the defense disputes liability or files multiple motions. Having a lawyer who knows the process inside and out keeps you informed and prepared while focusing on your recovery.
How Is Fault Determined in Washington Car Accident Cases?
Washington uses a pure comparative negligence system under RCW 4.22. This rule can work in your favor because it allows you to pursue compensation even if you were partly at fault.
For example, if you were 20% responsible for the crash, you could still recover 80% of your damages. Unlike in some states, you are never barred from recovering just because you share some of the blame.
Insurance companies sometimes try to use this rule against you by shifting more fault your way. That’s where having a lawyer makes a real difference. Your attorney can protect your claim by gathering and presenting strong evidence, such as:
- Police crash reports
- Dashcam or surveillance video
- Eyewitness statements
- Expert accident reconstruction
With skilled legal guidance, the comparative negligence law becomes a tool to help you recover fair compensation, rather than a tactic insurers use to reduce your claim.
Types of Common Injuries in Car Accident Lawsuits
Car accidents can leave you with more than just medical bills. They can change the way you live day to day. Some injuries may seem manageable initially but worsen over time, while others require immediate, ongoing care.
Injuries with long-term consequences often bring a case into the legal system because insurance alone doesn’t always cover the full cost of recovery.
Injuries commonly claimed in Washington car accident lawsuits include:
- Whiplash and other soft tissue injuries
- Concussions and traumatic brain injuries (TBIs)
- Herniated or bulging discs in the spine
- Broken bones and joint injuries
- Internal bleeding or organ damage
- Facial injuries or disfigurement
- Post-traumatic stress disorder (PTSD) or anxiety
The nature and extent of your injuries influence your medical expenses, lost wages, and long-term prognosis, all of which factor into your potential compensation.
Damages You Can Seek in a Washington Car Accident Lawsuit
Damages in car accident lawsuits aim to make victims financially whole. In Washington, plaintiffs can seek compensation for both economic and non-economic losses.
Economic damages may include:
- Emergency room visits and hospitalization
- Physical therapy and follow-up care
- Lost wages and reduced earning ability
- Prescription medication and medical devices
- Transportation to medical appointments
Non-economic damages may include:
- Pain and suffering
- Loss of companionship
- Mental anguish and anxiety
- Permanent disfigurement
- Loss of enjoyment of life
Unlike some states, Washington does not cap non-economic damages in most personal injury cases. The final value of your claim will depend heavily on documentation and possibly expert opinions.
Depositions During the Lawsuit Process
As your case moves through the discovery phase, you may be asked to take part in a deposition. A deposition is an out-of-court interview where you answer questions under oath, usually from the opposing attorney. It’s one of the most common steps in a car accident lawsuit and helps both sides understand what evidence will be presented if the case goes to trial.
During a deposition, you may be asked to:
- Answer questions about the crash and how it happened.
- Talk about your medical treatment, recovery, and ongoing challenges.
- Clarify whether you had any prior injuries the defense might raise.
Depositions are recorded and may later be used in court. They can sound intimidating, but with preparation and your attorney by your side, most clients find the process much easier than they expected. Consistency and honesty are key. Your lawyer will guide you so your testimony supports your claim and strengthens your case.
Dealing with Insurance Adjusters During Litigation
Insurance adjusters work for the company—not for you. Even during litigation, they’ll continue reviewing your claim and looking for ways to minimize payouts.
Here’s how to reduce risk when dealing with adjusters:
- Let your lawyer handle all direct communication with the insurance companies.
- Don’t post photos or updates about your health on social media
- Keep detailed records of all out-of-pocket costs
- Follow your doctor’s orders and attend all scheduled appointments
These steps can help prevent insurers from questioning the legitimacy or value of your injuries.
Post-Accident Tips That Can Strengthen Your Case
Once you’ve started receiving medical care, it’s natural to start thinking about what comes next. You may be worried about medical bills, time away from work, or how to deal with the insurance company. Taking a few careful steps at this stage can make the claims process smoother and give your lawyer the evidence they need to protect you.
- Follow through on your treatment plan and keep all scheduled appointments.
- Keep copies of medical bills, receipts, and insurance correspondence in one place.
- Maintain a recovery journal to track pain levels, emotional struggles, and daily limitations.
- Provide your lawyer with regular updates about new diagnoses, expenses, or changes in your health.
These steps don’t require major effort, but they can make a significant difference in how strong your case is. By staying consistent and organized, you help your legal team present the clearest possible picture of how the accident has affected your life.
FAQs for What Happens in a Car Accident Lawsuit
Do I have to testify in court?
Most lawsuits settle before trial, but if your case goes to court, your lawyer will prepare you thoroughly. Many cases involve mediation or depositions only.
Can I still sue if the crash happened a while ago?
Yes, if you're still within Washington’s three-year statute of limitations. Delays can affect evidence and witness availability, so act as soon as possible.
What happens if the other driver doesn’t have insurance?
You may have coverage through your own Uninsured/Underinsured Motorist (UM/UIM) policy. While this coverage is optional in Washington, many drivers include it in their auto insurance. If you don’t have UM/UIM, your attorney can explore other sources of compensation.
What if multiple people were injured?
If several people file claims on the same policy, insurance limits may be divided among them. Acting quickly helps protect your ability to recover damages.
How do I know if my case is strong enough?
Strong cases typically involve clear liability, documented injuries, and financial losses. A free consultation can help you understand the strengths and challenges of your situation.
Pendergast Law: Your path forward after a Washington car accident
Recovering from a car accident is hard enough without having to worry about deadlines, court procedures, or insurance tactics. You don’t have to take that on alone, and you shouldn’t. An experienced Washington car accident lawyer with Pendergast Law can fight for the maximum compensation for your case, giving you a better chance of coming out on top.
We serve clients in Seattle, Renton, Tacoma, and communities across Washington who face the same worries you’re facing now. We know the impact an accident has on your life, and we know how to hold insurers accountable.
You don’t pay us anything unless we win compensation for you. Call (425) 228-3860 today or contact us online to schedule a free consultation. The sooner you reach out, the sooner you’ll have answers and the support you need to move forward with confidence.