How Long Is The Legal Process Of A Car Accident?

How Long Legal Process Of A Car Accident

Oklahoma has 2.6 million licensed drivers and 4,481,774 registered vehicles. Oklahoma City is the largest population center, with 662k residents, closely followed by Tulsa (403k). In 2021, there were 181 car crashes per day, a 7.1% increase from 2020. These led to 762 fatalities and 30,195 injuries.

Being involved in a car accident in Oklahoma or any other state is always stressful. After the chaos of the car accident itself, you are often left to deal with injuries, vehicle repairs, insurance claims, and, for some, legal action. If you pursue compensation through a personal injury lawsuit, you may wonder how long the legal process takes after a car accident. The car accident lawyers from Laird Hammons and Laird Injury Lawyers, an experienced law firm in Oklahoma City, share an overview of what to expect.

Filing The Initial Car Accident Claim

Car accidents are the most common cause of personal injury lawsuits, and there are 400,000+ lawsuits filed each year in the US, with an average claim of $20,235.

The legal process starts when the injured party (the plaintiff) files a personal injury claim against the at-fault driver’s insurance company. This is often done through car accident lawyers hired on a contingency fee basis. The car accident attorney gathers evidence like police reports, medical records, and costs related to the accident. They package this with a demand letter stating the amount of compensation requested and send it to the insurance company. This begins a negotiation process that typically takes 2-3 months.

Car Accident Settlement Negotiations  

Once the insurance company receives the demand letter, they will investigate the claim and make a counteroffer. At this stage, there is usually some back-and-forth negotiation to reach a settlement amount or determine that the case needs to go to litigation. Simple cases with clear liability and limited damages may settle quickly within 2-3 months. Complex cases with significant injuries and disputed faults can take six months to a year to decide. If a settlement cannot be reached, the next step is filing a personal injury lawsuit. Oklahoma is a comparative or shared fault state, so if the plaintiff shares more than 50% of the fault, they can’t recover any damages.

Filing The Auto Accident Lawsuit

If negotiations fail, the plaintiff’s car accident attorney will file a civil complaint in court laying out claims against the defendant (the at-fault driver). The defendant will have a specified period, often 30 days, to provide an answer responding to the claims in the complaint. The case then enters the discovery phase. The total time from filing a complaint to a trial date can take 1-3 years, depending on the court’s caseload.

Car Accident Discovery Phase  

The discovery phase allows each side to gain information and evidence about the case. This includes depositions, interrogatories, requests for the production of documents, and subpoenas. Discovery aims to uncover facts like the severity of injuries, insurance coverage, eyewitness statements, or medical providers and mechanics records. It usually lasts several months up to a year. Significant cases with many witnesses and evidentiary questions may have an extended discovery period.

Car Accident Case Pretrial Motions

Near the end of discovery, pretrial motions may be filed on legal issues related to evidence, witnesses, or trial procedures. The judge will make rulings shaping how the trial will proceed. For example, the defense may exclude certain medical records or expert witness testimony. Pretrial motions typically add 2-6 months to the process.

Car Accident Case Trial

Less than 5% of personal injury cases will reach a trial. But if your case does go to trial, you can expect jury selection followed by 2-7 days of witness testimony, evidence presentation, arguments, and jury deliberation. The trial date is usually set 6-12 months after the initial complaint is filed. But it can take longer for very complex cases. Once a verdict is reached, there may still be appeals to follow.

Based on these steps, you can expect the entire legal process after a car accident to take between 1-3 years in most cases if you pursue compensation through a personal injury lawsuit.


Subscribe to Our Newsletter

Related Articles

Top Trending

Is VAR Ruining Football
Is VAR Ruining Football: 10 Controversies, Benefits, and Personal Verdict
online class platforms featured image of a Parent helping a child attend an online homeschool class, showing guided virtual learning at home.
7 Best Online Class Platforms for Homeschoolers
Publishing team analyzing reader data and audience profiles for Audience Persona Development for Publishers in a modern office.
Audience Persona Development for Publishers: Build Better Content
Mortdog left Riot Games
Mortdog Leaves Riot Games: Is This the End of TFT as We Know It?
digital citizenship for kids
Digital Citizenship for Kids Explained: A Practical Guide for Parents

Fintech & Finance

ELSS SIP Calculator
ELSS SIP Calculator: Tax Saving + Wealth Building Explained
Tracking Small-Cap Stocks on Fintechzoom.com Russell 2000
Fintechzoom.com Russell 2000: The Complete Guide to Tracking Small-Cap Stocks in 2026
Organizational Bottlenecks and How to Address Them
10 Organizational Bottlenecks: Here’s How to Address Them
Why more Indians are Taking a Rs 50000 Personal Loan for Emergencies and Short-term Needs
Why more Indians are Taking a Rs 50000 Personal Loan for Emergencies and Short-term Needs
Founder comparing the Best Accounting Tools for Founders on a startup finance dashboard
9 Best Accounting Tools for Founders to Keep Startup Finances Clean

Sustainability & Living

Plastic-Free Grocery Swaps
8 Plastic-Free Grocery Shopping Swaps That Actually Work
Sustainable Bathroom Swaps
11 Sustainable Bathroom Swaps for a Waste-Free Routine
Career Changes for Climate Impact
7 Career Changes for Climate Impact That Use the Skills You Already Have
Reducing Food Waste Home
Reducing Food Waste at Home: Smarter Meal Planning and Ingredient Storage
Reducing Fashion Waste
Reducing Fashion Waste: How to Fix, Clean, and Preserve Your Wardrobe

GAMING

Mortdog left Riot Games
Mortdog Leaves Riot Games: Is This the End of TFT as We Know It?
Quality Assurance & Game Testing
Top 10 Gaming SMEs Specializing in Quality Assurance & Game Testing in India
$70 Game Deals
Why $70 Game Deals Are Mostly Never Worth It
why AAA games look the same
Why AAA Games Look the Same Even When They Cost More Than Ever
Foullrop85j.08.47h Gaming
Foullrop85j.08.47h Gaming: What It Really Is and Why You Should Be Skeptical

Business & Marketing

Best Founder Resources
23 Best Founder Resources: A Practical Guide for Early-Stage Startups
Best Free Courses Aspiring Founders
The 7 Best Free Courses Aspiring Founders Should Take Before Building
best templates founders
11 Best Templates Founders Need to Build Smarter
Enter a new country without legal entity
The Fastest Way to Enter a New Country Without Establishing a Legal Entity
Promotional talent live events
How Promotional Talent Helps Brands Make an Impact at Live Events

Technology & AI

best newsletters SaaS founders
11 Best Newsletters SaaS Founders Should Read for Growth
Best Local LLMs You Can Run On A Laptop
Best Local LLMs You Can Run On A Laptop: A Complete Hardware And Setup Guide
How To Reduce AI Hallucinations In Long Documents guide
How To Reduce AI Hallucinations In Long Documents: Proven Strategies Explained
best startup books founders
9 Best Startup Books for Founders Who Need Practical Advice
retention tactics bootstrapped
9 Retention Tactics for Bootstrapped SaaS Teams That Cannot Afford Churn

Fitness & Wellness

A Complete Guide on TheLifestyleEdge com
The Lifestyle Edge: Your Complete Guide to Wellness and Modern Living
Stretching Accessories That Make a Difference
7 Stretching Accessories That Make a Difference for Flexibility, Mobility, and Recovery
air quality wellness devices
13 Air Quality and Wellness Devices Worth Considering for a Healthier Home
habits reduce stress
7 Habits That Reduce Stress Long Term and Feel Calmer Daily
habits better focus
11 Habits for Better Focus That Actually Work