When you get into a car accident and the accident is another driver’s fault, you can seek compensation for all damages that have been done. This can be done through a personal injury claim. The compensation money can cover any medical expenses and the money you weren’t able to make due to being off work while you recover.
Unfortunately, the process is a little more tedious than just submitting an application to the diver’s insurance and getting a check in the mail. Most times it turns into a long investigation process of the accident and leads to negotiations between your lawyer and the auto insurance company.
Here are steps you need to go through during the settlement process:
Once you have filed for a personal injury claim, the insurance company of the driver at fault will begin an investigation of the car accident.
Evidence that the investigation might need to be included in your claim are:
1) Official police report of the accident
2) Pictures of the accident scene, both cars
3) Statements from any witnesses
4) If you signed a release, your medical records
5) Other driver’s statement
6) Where the accident happened
Meet with Experts
Critical insight can be brought to your attention by experts. Any insight you receive can be used in the personal injury claim. Experts that may help you and give you their opinion on the accident include:
Doctor – Your injuries can be discussed as well as your treatment and end results.
Accident reconstruction expert – Accident reconstruction specialist can recreate the accident digitally and show all of the factors that led to the accident.
Civil/Mechanical Engineer – These experts can come into play when a factor of the accident was because of a malfunction from the car.
Filing the Lawsuit
If you don’t feel you have reached a successful settlement, then you might need to have your claim appear in court. Generally, car accident lawsuits are filed in the Circuit Court. Court will most likely be held in the county that the accident took place.
Settlements are negotiated between your lawyer and the insurance company. Sometimes you might not have any communication with the insurance company, for they only want to speak with your lawyer. If this is the case, you should work closely with your lawyer and make sure they are experienced in your accident.
Once your lawyer has reviewed your claim and the negotiation, they will advise you if taking your claim to court is worth the time and energy. If so, they will walk you through the process and go into the details about what you should expect out of your trial.
During the trial, both sides will present their claim to the injury and after that is done, the jury will come to a verdict. Like all court cases, the judge will read the verdict to both sides and an appeal can also be an option after the verdict has been released. If going to court is the best option for you, just remember this can be an expensive and stressful time.