A Complete Guide to Suing Someone for a Car Accident [2025 Guide]

Car Accident Claim vs. Car Accident Lawsuit: What’s the Difference?

Before you decide whether to sue, it’s important to understand the difference between a car accident claim and a car accident lawsuit.

While both aim to recover compensation for your injuries and losses, they follow very different paths.

What Is a Car Accident Claim?

Filing a car accident claim is usually the first step after a crash.

It’s a request for compensation that you or your lawyer submit to the at-fault driver’s insurance company.

The claim includes information about your injuries, vehicle damage, lost income, and other damages you’ve endured after the accident occurred.

Insurance companies will investigate the claim, determine who was at fault, and make a settlement offer.

Many claims are resolved at this stage without needing to go to court.

When Does a Claim Turn Into a Lawsuit?

Sometimes, the insurance company won’t offer a fair settlement — or won’t accept responsibility at all.

If negotiations stall or your injuries are serious, you may need to file a personal injury lawsuit to pursue full compensation.

A lawsuit is a formal legal process that takes place in civil court.

Unlike a claim, which is handled through private negotiations, a lawsuit involves a judge, and possibly a jury, who will decide the outcome.

Getting a settlement can take longer in a car accident lawsuit.

It’s also more complex, meaning you’ll need an experienced attorney representing you to streamline and speed up your personal injury lawsuit.

When Should You File a Car Accident Lawsuit?

Filing a lawsuit isn’t always necessary, but in some situations, it’s the best (or only) way to recover the compensation you deserve.

If you’ve suffered serious injuries or you’re dealing with an uncooperative insurance company, it may be time to take legal action.

Common reasons people decide to sue after a car accident includes:

• You Suffered Serious or Permanent Injuries
• The Other Driver Was Uninsured or Underinsured
• The Insurance Company Denied or Delayed Your Claim
• Liability Is Disputed or Blamed on You
• The Accident Resulted in a Wrongful Death

You Suffered Serious or Permanent Injuries

If you’re facing long-term medical treatment, permanent disability, or chronic pain, your required settlement amount may go far beyond what an insurance company is willing to pay.

These cases often involve:

• Hospital stays
• Surgeries
• Ongoing physical therapy
• Loss of earning capacity
• Life-changing mobility issues

When your future health and income are at stake, it’s important to have your case fully evaluated, which often means filing a lawsuit.

The Other Driver Was Uninsured or Underinsured

If the at-fault driver doesn’t have insurance — or not enough to cover your expenses — you may have no choice but to file a lawsuit to recover damages.

While some drivers carry uninsured/underinsured motorist coverage on their own policies, not everyone does.

In these situations, legal action can help you explore other avenues of recovery, such as suing the driver personally or investigating third-party liability.

The Insurance Company Denied or Delayed Your Claim

Unfortunately, some insurers use delay tactics, deny valid claims, or offer extremely low settlements.

If you’ve provided medical records, accident reports, and other documentation but still can’t make progress, a lawsuit can apply the legal pressure needed to get a fair result.

In some cases, insurers may even act in bad faith, which opens the door to additional compensation.

Liability Is Disputed or Blamed on You

When the other driver denies fault — or their insurer claims you caused the accident — you may find yourself wrongly blamed.

This is especially common in complex accidents involving multiple vehicles, limited witnesses, or conflicting statements.

A lawsuit gives you a chance to present your evidence in court, where a neutral third party can decide who is truly at fault.

A lawsuit can also enable you to recover compensation even if you’re partly at fault for the auto accident.

The Accident Resulted in a Wrongful Death

If you lost a loved one in a crash, you may have grounds for a wrongful death lawsuit.

This type of claim allows family members to seek compensation for medical bills, funeral costs, loss of income, and the emotional toll of losing a loved one.

We understand how devastating this kind of loss is — and we’re here to help guide you through the legal process with compassion and care.

The Car Accident Lawsuit Process

If you’ve never been through a lawsuit before, it can feel intimidating.

Understanding the steps involved can make the process feel a lot more manageable.

When you work with an experienced car accident lawyer, you’re not expected to handle everything on your own — we guide you through each phase and take on the heavy lifting.

Steps of the process usually includes:

1. Case Evaluation and Legal Consultation
2. Investigation and Gathering Evidence
3. Filing the Lawsuit
4. Discovery Phase
5. Settlement Discussions
6. Trial (If Necessary)

Step 1: Case Evaluation and Legal Consultation

Before anything is filed, we start by evaluating your case.

This involves listening to your story, reviewing your medical records, and examining any available evidence — such as police reports, photographs from the scene, and witness statements.

During this consultation, we’ll help you understand whether a lawsuit makes sense based on your injuries, the available insurance coverage, and the likelihood of success.

If we believe you have a strong case, we’ll move forward at no cost to you unless we win.

Step 2: Investigation and Gathering Evidence

Once we agree to take your case, our team will get to work on building it, which means digging deeper into the facts of the accident.

We may request numerous pieces of personal injury evidence, including:

• The full crash report
• Witnesses statements
• Surveillance footage
• Detailed medical documentation to support your claim.

In many cases, we also work with accident reconstruction experts or medical professionals to determine who’s at fault.

These experts help explain exactly how the crash occurred and the long-term impact of your injuries — something that can be crucial if the case goes to court.

Step 3: Filing the Lawsuit

When it’s clear that settlement talks aren’t getting anywhere — or if the deadline to file is approaching — we’ll prepare and file a legal document called a complaint.

This document outlines your allegations against the at-fault party and explains the damages you’re seeking.

Once the complaint is filed with the court, the defendant (usually the other driver or their insurance company) is served with a copy and given time to respond.

This officially starts the car accident and personal injury lawsuit process.

Experienced car accident lawyers like us ensure that your case is filed within the statute of limitations.

Step 4: Discovery Phase

After the lawsuit is filed, both sides enter what’s called discovery.

This is a formal exchange of information between the parties.

It can involve written questions, requests for documents, and depositions — recorded interviews given under oath.

The goal of discovery is to gather all the facts, understand each side’s arguments, and avoid surprises at trial.

This phase can last several months, depending on the complexity of the case.

Step 5: Settlement Discussions

Even after a lawsuit is filed, most car accident cases still settle before going to trial.

With the evidence laid out and both sides clearer on what happened, negotiations often become more productive.

We’ll participate in mediation — a guided conversation with a neutral third party — to try to reach an agreement.

We’ll handle all of the back-and-forth and keep you updated on every offer.

You’ll never be pressured to accept a settlement you’re not comfortable with.

Step 6: Trial (If Necessary)

If a fair settlement can’t be reached, your case may go to trial.

At that point, a judge or jury will hear the evidence and decide the outcome.

Trials can be stressful and have lengthy timelines, but we’ll be by your side the entire time, presenting your case clearly and fighting for the compensation you deserve.

While trials are less common, we prepare every case as if it’s going to court.

This level of preparation gives us a strong advantage whether we’re in front of a jury or sitting at the negotiation table.

Why You Need a Car Accident Lawyer on Your Side

After a car accident, it’s easy to feel overwhelmed — especially if you’re injured, missing work, and trying to deal with an insurance company that’s not playing fair.

You might be tempted to handle things on your own, but the truth is that hiring a lawyer can make all the difference in the outcome and timeline of your case.

Dealing With Insurance Companies Isn’t Always Fair

Insurance companies are businesses, and their goal is to pay out as little as possible with teams of adjusters and lawyers working to protect their bottom line.

Without someone experienced on your side, it’s easy to get lowballed or pressured into a quick settlement that doesn’t come close to covering your medical bills, lost income, or pain and suffering.

We know how insurers operate. We’ve seen the tactics they use to delay, deny, or downplay legitimate claims.

When we’re involved, they know they can’t get away with it.

We take over all communication, settlement calculations, and negotiations so you can focus on your recovery, not arguing with adjusters.

Building a Strong Case Takes Legal Know-How

A successful lawsuit is all about telling your story and proving liability.

That means gathering the right evidence, meeting legal deadlines, filing documents properly, and preparing arguments that stand up in court.

We have the experience, resources, and network of experts to do all of that for you.

Whether your case is settled within the ideal timelines or decided at trial, we make sure it’s built on solid ground.

You won’t have to worry about what comes next because we guide you through every step and answer every question along the way.

How TorHoerman Law Can Help

At TorHoerman Law, we’ve handled hundreds of auto accident cases for clients across Illinois and Missouri.

We know how devastating a serious crash can be and how frustrating it is when you’re not being treated fairly.

We offer free, no-obligation consultations, so you can get answers without any pressure or costs upfront.

We take cases on a contingency fee basis.

This means that if we take your case, you won’t pay anything unless we win.

Our team is committed to getting you the compensation you need to move forward — and we’ll fight for you every step of the way.

TorHoerman Law: Contact Us Today

Most car accident claims settle without going to trial — but when the injuries are serious or the insurance company won’t play fair, filing a lawsuit may be your best path to justice.

If you’re unsure where to start, we’re here to help.

At TorHoerman Law, we’ll walk you through every step, fight for what you’re owed, and make sure your voice is heard.

Contact us at TorHoerman Law for a free consultation.

You can also use the chatbot on this page to instantly find out if you’re eligible for a car accident lawsuit.