Brad Pistotnik Law
Abogado El Toro

5 Phases of an Auto Accident Lawsuit

5 Reasons Personal Injury Victims Need to Know the Secrets Known by Brad Pistotnik Law.

1. Secret number one is that our lawyers work on tractor-trailer cases and motor carrier cases all the time which give us intense experience in this area of law.

2. Secret number two is that Brad Pistotnik wrote the book Truck Accidents Kill! which can be purchased on Amazon. This book teaches other lawyers and regulatory safety people how to prevent accidents and how to litigate truck accident cases.

3. Secret number three is that the insurance carriers for the trucking industry and big trucks only have a handful of lawyers that know the trucking law as well as Brad so he is usually litigating against the same defense lawyers and once these lawyers know how each other works, it helps a client since there is no learning curve for the plaintiff's lawyer to climb.

4. Secret number four is that Brad Pistotnik Law has a large group of trained experts on safety, accident reconstruction, damages, animation and video presentation and these are some of the best experts in the United States.

5. Secret number five is that Brad is willing to spend tens of thousands of dollars on your case to help you build your case.

Getting into an accident can be frustrating enough, but dealing with the other driver's insurance company can be a much bigger hassle. The insurance company will do everything they can to keep from having to pay you for injuries and damaged property. When this happens, it usually becomes necessary to start the process of a lawsuit. These five phases explain how an accident injury claim can be either settled or pressed in a courtroom.


Describing what happened to an attorney is the first step in the process and usually takes the least amount of time. Usually, this can be done within an hour or two and it gives Wichita legal professionals like Brad Pistotnik a chance to get your side of the story and decide whether or not you have a case.


If you do have a case, your attorney will most likely reach out to the other driver's insurance company with your claim and see if a deal can be worked out without going to trial. An accident injury claim might be settled within a couple of weeks or the other side may decide to try their luck in front of a judge. Most settlements happen at this stage of the process, but it's possible for a case to be settled anytime before a judgment is issued.


The formal discovery process takes place before the trial starts and may include deposing witnesses, gathering evidence, going over the police report, etc. This process takes at least two to three months for the discovery process to run its course and possibly longer if the case is complicated. There are times when the opposing party's legal team looks over all the evidence and decides to open up negotiation again for a settlement. When the other side offers to settle at this point, or during the trial, it is usually because they believe they will lose and will probably offer nearly everything you are seeking.


If the case makes it to trial, both sides will present their evidence and make a case as to why the defendant (insurance company, other driver) owes the plaintiff (you) money for medical bills, lost wages, damaged/destroyed property, pain and suffering, etc. Trials usually do not last for more than a week or two and will conclude when the jury renders a verdict and the judge finalizes the verdict as a judgment.


A judgment that declares that the other side owes you money, whether or not it was everything you were seeking, means that they have to pay you. Typically, they have 30 days to either cut you a check or appeal the decision. In most cases, they will pay because they are unlikely to win an appeal. If they do not pay within the required time frame, your attorney will go back to court to start the process of seizing assets to satisfy the judgment.

To learn more about how you might be entitled to compensation for your accident injury claim, get in touch with the team at Brad Pistotnik Law. They can be reached anytime at 1-800-241 BRAD or 316-684-4400 or by cell phone at 316-706-5020. You can also call Tony Atterbury directly at 316-617-9237.