You will usually work with your insurance company to resolve your claim. The insurer will appoint an adjuster to investigate the accident and address any property damage or personal injury claims.
Be ready to provide any information requested by the adjuster. There is a better time to get chatty, as your statements could be used against you.
Consult with an Attorney
First and foremost, an attorney will ensure that you have taken all steps necessary to preserve evidence. This entails documenting the collision scene with photos, interacting with witnesses, and submitting a police report or, in some cases, a no-fault application.
The attorney will also review your insurance policy, particularly the coverage limits and deductibles, which can significantly impact your eligible damages. They will also look at any medical records you have gathered and, in the case of psychological or psychiatric injuries, may request a release to obtain those treatment records.
For property damage, they will need to inspect your car or obtain quotes for repair or replacement. They will also likely ask for your bank statements or proof of regular premium payments. This is to verify that your insurance was active and in effect when the accident occurred. They will also look at any other documentation you have about the accident, such as photos of your vehicle before and after the crash or receipts for any expenses you have incurred.
Trial
In cases of severe or catastrophic injury, a jury trial may be required to determine the viability of a claim. If a driver is deemed negligent by a jury, they can be held responsible for the accident’s damage to people and property.
Once the insurance company has assessed a policyholder’s damages, they typically offer a settlement. If the policyholder believes this offer is insufficient, they can negotiate with the insurance company for a higher sum.
In addition to economic damages for medical bills, lost wages, and property damage, a person injured in a motor vehicle accident can also seek non-economic damages. These can include pain and suffering, loss of enjoyment of life, and mental distress. Non-economic injuries are more complex to quantify, requiring more subjective evidence to be awarded. A skilled attorney will help clients collect and keep any proof supporting their position. This evidence could be physical, like photos, camera footage, or eyewitness testimonies.
Gather Evidence
In most states, drivers must carry insurance to pay for damages when their negligence causes an accident or injury. However, insurance companies will do everything possible to disprove liability and avoid paying you your entire claim. That is why having solid evidence to support your claims is essential.
To prove negligence and support your case, tangible proof such as pictures of the accident scene and any damage done might be significant. It is essential to make copies of all relevant documents and photographs and store them safely. Documents like insurance discs and registration plates, pictures of any witnesses or other people involved in the incident, medical records, and proof of loss of income are also important.
For non-economic damages like pain and suffering, journals, psychological evaluations, and testimonies from friends or family can help establish the severe impact an accident has had on your life. Your attorney may use experts such as accident reconstructionists to determine what contributed to your accident and how it was caused.
Filing a Complaint or Petition
If you are a car accident victim, understanding the legal procedure for bringing a lawsuit and making a claim is crucial. This includes understanding necessary court documents called “pleadings.” Your attorney can explain pleadings in more detail, but this overview can help you get started.
The first step in a lawsuit is the plaintiff’s complaint (some states call it a petition). The complaint documents the injury or damages, explains how the defendant caused the harm and asks the court to order relief. The plaintiff may seek monetary compensation or other types of relief.
If you’re a car accident victim, consider hiring an experienced lawyer. Your case could be delayed or derailed by mistakes that an expert attorney can help you avoid. Moreover, an experienced attorney can ensure you file your lawsuit within the time limit established by law. Otherwise, you could lose your right to sue. This is important, especially in no-fault states.
