This document outlines the typical stages of a car accident lawsuit: 1) The first step is determining if you have a valid claim and filing a complaint within the 2-year statute of limitations. 2) The defendant will respond by admitting fault, denying allegations, or filing counterclaims. Preliminary motions may also be filed. 3) Discovery and investigation of evidence takes place through examining documents and witness depositions. 4) Settlement negotiations often occur through mediation or if evidence strongly supports the claim. If not resolved, the case proceeds to trial.

1. Stages of a Car
Accident Lawsuit
WHAT YOU NEED TO KNOW
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2. Do You Have a Case?
If you've been involved in a car accident, you may be wondering whether you are entitled to
file a lawsuit to recover compensation for your damages. If there were no injuries and you are
only dealing with property damage to your car, you can most likely file a claim directly with the
insurance company to cover repairs. However, if you have suffered any injuries as part of the
collision, you should consult an experienced attorney at once to determine whether you should
file a car accident lawsuit.
The attorneys at Johnson & Biscone will discuss your case and answer any questions you may
have during a free consultation. If we believe you have a valid claim, we will advise you as to
the best way to proceed.

3. Filing Your Car Accident Lawsuit
The first step in the process is to file your car accident lawsuit. This involves filing a complaint with
your local court. This complaint will detail the claims that support why you are entitled to recover
financial compensation from the negligent party, which in most cases is the other driver. In some
instances, your complaint may also state the legal theory under which you plan to prove your case.
Keep in mind that in Oklahoma, the statute of limitations for a car accident lawsuit is two years. This
means that you have two years from the date of your injury to file your claim. After this deadline
passes, you will no longer be able to initiate your lawsuit.

4. Defendant Responds to
Your Claim
Once your lawsuit has been filed, the other driver has a set
amount of time to respond to your lawsuit. This response
may include one or more of the following:
An answer, which either admits fault or denies your
allegations
Counterclaims, which assert your actions contributed to
the accident and the injuries you suffered
Cross-claims, which allege that a third party's negligent
actions were responsible for your injuries
If any counterclaims have been made, you will then have a
set period of time to respond to these claims.

5. Preliminary Motions
The defendant now has the opportunity to file a variety of
preliminary motions which can impact your case. These
include:
CLIMATE CHANGE - 3
Motion for change of venue - This seeks to move your
case to a different courthouse.
Motion for a change of judge - This seeks to get your
case moved to a new courtroom with a different judge.
Motion for removal - This seeks to move your case from
state court to federal court. This motion needs to
demonstrate that the case involves federal law or that
the defendant lives in a different state.
Motion to dismiss - This doesn’t need to dispute the
facts of the case. It can seek to have the case dismissed
because filing deadlines were missed or no compensation
is warranted.

6. Pre-Trial Mediation
Once the judge rules on all motions filed by the
defendant, a trial date will be set. In most
instances, there will be a pre-trial mediation
session in order to see if your case can be
resolved outside of court.
In mediation, a neutral third party will work
with your legal team and the defendant's legal
team in an attempt to reach a settlement that is
fair for both sides. If no settlment can be
reached during mediation, you will begin
preparing for trial.

7. Discovery
During the discovery process, both legal teams investigate the facts of the case. This can involve
examining documents, reviewing medical records, investigating the accident scene and interviewing
witnesses. Both legal teams are required to share all information gathered during discovery with the
other side.
Witnesses are interviewed in a proceeding called a deposition. During the deposition, both legal
teams are present and have the ability to ask questions. The witness responds under oath, and all
answers are recorded and transcribed by a stenographer.
All depositions and documents obtained during discovery can be used as evidence during the trial.

8. Post-Discovery
Resolutions
If the evidence gathered during discovery strongly
demonstrates that you are entitled to compensation from
the other driver, your lawyer may bring a motion for
summary judgment. This motion allows the judge to decide
the case without going to trial or hearing in-person witness
testimony.
Your motion for summary judgment will be accompanied by
relevant evidence and any legal theories that might apply to
the judge's decision. The judge will review the evidence and
grant the motion if the evidence is indisputable or deny the
motion if a trial is necessary to resolve facts which are in
dispute.

9. Trial
If a settlement hasn't been reached by this point in the process, your case will go to trial.
There are two different types of trials:
Bench trial - Only a judge will decide your case.
Jury trial - The judge determines which laws are applicable, but a jury will decide whether
the facts indicate that you are entitled to compensation.
Very few car accident cases actually make it to trial. In most instances, a settlement is
reached at some point in the process. Keep in mind that there are no guarantees in a trial. It
is impossible to predict how a judge or jury will rule, and how much compensation will be
awarded if they rule in your favor.

10. Johnson & Biscone
Can Help
At Johnson & Biscone, we will always
strive to settle your case whenever
possible, but we are prepared to pursue
your compensation in court if a settlement
isn't in your best interests.
Schedule a Free
Consultation
(405) 232-6490