An auto accident personal injury claim follows a timeline or process. This process begins the moment you are injured in a car accident up to the time you receive compensation for your injuries, either from settling your claim or by collecting damages from the defendant after trial.
Documenting Details of the Accident Scene
It is difficult to gather your thoughts in the moments following an accident. It is vitally important to document accident details while your memory is fresh. Call the police to investigate and write up an accident report. Write the names and addresses of witnesses. If you have a cellphone camera, take detailed photographs of the vehicles. Seek immediate medical attention.
Consulting With an Attorney and Treating for Your Injuries
Consult an attorney regarding your auto accident personal injury claim. Bring the accident report, photos, repair bills, medical receipts, or correspondence from insurance companies. Your lawyer will answer your questions about medical treatment, vehicle repair, or issues specific to your claim. Do not speak to the adverse driver's insurance company or attorney. Do not sign any insurance waivers or papers from the other driver's auto insurer.
Follow your lawyer's advice regarding medical treatment. Keep all doctor appointments. Furnish copies of medical bills and receipts to your lawyer. Provide him with the names of your physicians. Call to update your file whenever you finish treating with one provider or are referred to a new one.
Demand Letter and Settlement
Once you finish treating, and your attorney has gathered your medical bills and records, he will write a demand letter to the other party's insurance company demanding payment for your damages. The letter will specify a time limit for the other party to respond. The letter outlines your injuries, medical treatment and facts about the accident. Your bills and records will be attached, as well as pertinent photos, and a copy of the police report. If the other party refuses to settle, or if the statute of limitations is about to expire, then your attorney will file suit.
Filing a Lawsuit and Preparing for Trial
Your attorney will file a complaint with the court. A process server will serve the complaint upon the defendant and the defendant must answer the complaint within a specific time. Next, both sides are compelled to disclose facts, information, or documents from one another during the "discovery" process. Pre-trial motions will be filed to argue subject matter or to resolve legal issues. In many states, the judge will call a settlement conference between the attorneys to try to come to a settlement. If the parties fail to settle, the case will be brought to trial. Either a judge or a jury will determine the verdict. If the jury or judge rules in your favor and there is no appeal, then you (the plaintiff) will collect the damages awarded to you.
Why You Should Hire an Attorney for Your Auto Accident Claim
Only a qualified attorney can offer legal advice regarding your auto accident personal injury claim. Ask an attorney to explain the personal injury claims process to you.
