The following checklist for your car accident injury claim demonstrates every step of the process, from making the decision to sue to assessing your financial compensation. If you are injured in a car accident that was caused by a person’s negligence, then you have the option of accepting an insurance settlement or, in most cases, filing a lawsuit. To do either, it is important to understand all the steps in making a car accident injury claim.
A Checklist for your Car Accident Injury Claim
The first step is making the decision to sue. When someone is driving, they have a duty to use care. This means if they drive too fast, are not paying attention, lose control of the vehicle, or drive recklessly in another way, they are not using reasonable care in operating their automobile.
Some states have no-fault rules that may keep you from suing unless the driver was extremely reckless or your injuries were very serious, while other states will allow you to sue even for minor damages. You may be able to sue even if you were partly to blame. Compensation can cover medical bills, lost wages, property damage, pain and suffering, loss of social experiences or educational opportunities, and emotional problems including depression, stress, or anxiety.
Keep Records
Accurate record keeping is essential in this process. Write down everything you can remember about the accident. You may want to keep a daily log telling how the injury is affecting your life. Other things that can help are photos, videos, witness testimonies, and the police report. The police report will be very helpful in your lawsuit, since it will give details of the accident, including traffic and weather conditions, that may have had a bearing on the accident. A police report can also show if the police officers made the decision that the accident was the fault of the other driver. It may also list the names of witnesses and you need the name and address of anyone who saw the accident. Also, save proof of all doctor’s visits and treatments.
Find Out Your State's Law
Another step is finding out your state’s statue of limitations. The statute of limitations varies from state to state and ranges from one to six years. In most states, the limit is either two or three years.
Get Help
Next, you need to retain a lawyer. A lawyer will know the law in your state and can guide you through the litigation process. He or she will help you know if you have a strong case, especially since most personal injury lawyers work on contingency, meaning their fees come from a percentage of your compensation. He will also advise you on whether you should accept or reject any settlement offers.
Determine Damages
The final step in a checklist for your car accident injury claim is to determine the amount of the award you will be requesting. Medical bills and property damage are straightforward and your employer should give you a letter to validate your lost wages. Your lawyer can assist in determining the amount of compensation for pain, suffering, and emotional stress.
As a final note, be completely honest. If your case goes to trial, you will need to be amiable and credible. In a trial, your medical history can be investigated and an old injury may have some bearing on your current injuries. In an interrogation or deposition, admit everything that you can remember. This way you will not be accused of covering up the truth or withholding information.
