Preparing for a Car Accident Lawsuit

The single most important preparation for a car accident lawsuit is the quality of your lawyer. There is simply no way around how closely the two are connected. A competent lawyer is going to be on top of your case every time you call, is going to be willing to discuss your lawsuit with you, at length if need be, and is going to recognize that while he or she deals with victims daily, this is the first time in your life that you have been a serious victim of a car accident.

Preparing for your lawsuit to go to a jury trial requires both mental and physical preparations. For starters, you and your auto accident lawyer are going to need to present the court evidence of the car accident, evidence that it was the fault for whatever reason of the other driver, and evidence of your injuries.

Ironically, presenting evidence of your injuries may very well be the most difficult part of the entire lawsuit. It is not unheard of for an individual to be in a car accident and pretend that they acquired an injury that they did not legitimately receive.

Your car accident lawyer has probably recommended that you get a bare minimum of two doctors’ opinions, with the more comfortable number being three or four. If you have received three or four doctors’ opinions that your injury was sustained in the car accident and that your prognosis is consistent across the board, your lawyer will have a much easier time presenting your case in court.

While preparing for your lawsuit, your lawyer is going to bring in any eye witnesses for a deposition. A deposition is simply the witness telling the story of what they observed just prior to, at the time of, and just after the car accident. Your car accident lawyer will ask them a series of questions and then ask for their cooperation in participating in the lawsuit.

Most of the time, witnesses agree, especially if the car accident was particularly foolish, outlandish, or horrific. While your lawyer is deposing the witnesses, the other side is doing the exact same thing. They are hoping to find small holes in their stories or other ways of discussing what they believe the witnesses are saying. This is not illegal, it is considered a game of semantics. Your lawyer is prepared for these semantics and will be able to deal with them when the lawsuit goes to court.

Your lawyer will initially take a statement from you which describe your interpretation of the accident. Don’t get offended as the lawyer may need to ask a lot of question for clarity as well as present other possibilities. You will most likely also be required to give your interpretation of the auto accident to the opposing side’s lawyer before any determination about going to trial is made.

The opposing car accident lawyer will have a different version of events before he or she takes your deposition. This is normal, and doesn’t necessarily make the other driver a liar, it simply means that you both experienced a different auto accident, and see the events a little differently than the other.

Emotional preparations for a lawsuit may include trauma counseling. Car accidents by nature are traumatic and depending on the level of injury you sustained, it may be a good idea to get a little counseling so that you are less emotional while testifying in the court room during your lawsuit.

You don’t want to be an emotionless shell, but you certainly don’t want to come across as unstable or emotionally victimized. The lawsuit is about dealing with the facts, so you may need a place to deal with the emotions. This is normal and in no means can be held against you.

Your lawyer will have reviewed your testimony, but will never tell you what to say and what not to say. They may advise you about phrasing things accurately, but there is a difference between preparing a witness and telling a witness what to say. Expect your lawyer to ask you questions that may make you uncomfortable in preparation for the type of questions the opposing lawyer is likely to ask. Above all, trust the advice of your car accident lawyer.

Nick Johnson is lead counsel and founding partner of Johnson Law Group. Johnson represents plaintiffs injured in auto accidents, truck accidents and vehicle rollovers. Call 1-888-311-5522 immediately or visit or


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