If you’ve never been through the process of a lawsuit regarding a car accident, you probably have no idea what to expect. We’re here to help answer your questions about how long it might take, what your involvement will be like and what phases you’ll encounter.
The process involves multiple stages and depending on the other party’s insurance company and lawyers, can be a lengthy process. Here are the main stages you’ll experience.
Choose an Arlington Car Accident Lawyer
If you’re asking yourself when you need a car accident lawyer, the answer is as soon as possible. It’s unlikely that the opposing party’s insurance company will encourage you to seek legal counsel before interacting with them. In fact, it benefits insurance companies to have individuals provide them information about their claim before seeking counsel.
This often means the insurance company can lead you down a path of questioning and get the information they want from you. Not only that, but it’s often information that benefits the insurance company.
If you’re from the area, you’ll want to choose an Arlington car accident lawyer. This makes it easier to work with them and puts them in the same time zone for consultations.
Investigation
Your case will begin with an investigation of the accident. When you file a personal injury claim with the opposing party’s insurance they will begin this portion of the case.
The insurance company will request that you provide all related evidence. Be sure to discuss this with your attorney before providing any information. Much of the information needed for a car accident claim will be public information, so be leery of requests from them.
The information used in the investigation will likely include the following:
- Police report
- Photos from the scene
- Photos of the vehicles after the accident
- Medical reports
- Intersection or location of accident
- Testimony from other driver or drivers involved
- Witness statements
- Your statement made to the insurance company at time of claim – this is why it’s especially important to seek legal counsel early. It will be difficult to prove you didn’t understand the questions involved in your statement. It’s also difficult to get this information redacted so be sure you’re well informed before speaking to insurance.
- Social media posts – be extremely cautious of what you post on social media. In fact, don’t post anything related to the accident at all. This will ensure the information can’t be used against you.
Information from experts
It is likely that the insurance company will gather statements or interviews with experts related to your claim. This can include the following:
- Responding officer– if there are any conflicting details or missing information in the police report, the insurance company may follow up.
- Engineers – if there is question of the safety or visibility of the accident scene, they’ll bring in engineers. The insurance company may try to prove that the accident was outside the control of the insured. This could be due to negligence of road maintenance, overgrown shrubbery affecting visibility, etc.
- Your doctor – the insurance company will require that your doctor release information about your injury. They also might make your doctor file a statement about your treatment and your condition.
Insurance policy review
The minimum coverage for insurance will certainly provide coverage for minor accidents. In some cases though, the insurance company only has liability for physical injuries up to a certain threshold. The insurance company will take a look at these limits to see what their liability is for the case.
Settlement without a lawsuit
To avoid legal costs, the insurance company will likely work with your attorney to reach a pre-lawsuit settlement. It saves the company time and money, and means you get to put the ordeal behind you sooner.
These negotiations can take a great deal of back and forth communications to reach terms that please both parties. This is a phase where it’s especially nice to work with a car accident lawyer so that you can go about your normal daily life.
Filing a lawsuit
You may be surprised that this phase takes place after so many other phases. Filing a lawsuit means you were unable to reach an agreement between parties and need the courts involved. Your lawsuit will likely be filed in the local court system where the accident took place.
If your attorney is recommending a lawsuit, it means he or she has done all they can to negotiate a fair settlement. Filing a suit is done when your attorney truly believes it is in your best interest.
Negotiating a settlement
Even once you file a lawsuit, there is still a chance you can settle without going to court. Filing a lawsuit might get the attention of the other party who will now know how serious you are. Neither party truly wants to go to court so you’ll likely reenter the negotiation phase.
Going to court
Your lawyer will prepare you for the process of court proceedings so you know what to expect. In the court, each party will present its case and evidence. Each side will examine witnesses. The jury will then deliberate and present a verdict.
Working with Gore and Kuperman
Gore and Kuperman will work with you to make the process as easy as possible. Having experts to guide you along each step of a personal injury claim will benefit you and reduce the stress involved.
With payment and pricing options to fit your needs, we’re here to be your partner along this difficult journey of healing. With 35 years of experience, we’ll work with you on your terms to provide the service you need.
This blog post is not legal advice, nor is it intended to be used as such. Specific case facts should be discussed with an attorney.