Car accidents happen within a blink of eyes and can turn a person’s life into a nightmare. It’s frightening and often overwhelming!
Some accidents are minor that cause property damage, but some leave people injured severely. At that moment, you often don’t understand what to do!
So many things go in your head- “Should I call someone?”, “Should I exchange other driver’s details?” and “Should I call the police?” or “Should I file a case?” and what not! Well, one of the crucial things to do is to hire an attorney and file a lawsuit to get the best accident settlement claim. We are here to help you what to do after a car crash and the whole process of car accident settlement:
Early Injury Treatments
Receiving medical care is the first step to get your life back to normal. Ask your doctor if you can join work with certain injuries. There are chances that insurance companies point out the gaps in the treatment to indicate that your injuries are healed. Make sure to continue consulting your doctor if you still experience any symptoms.
Investigation- The Second Step
The key to winning your claim negotiation is to show another party that you can take your claim to court, and you will succeed. For this, you need to collect evidence that would be presented in court. Also, you need to understand every small detail of your case and how they are applicable to personal injury law. An in-depth investigation and understanding of your car accident settlements case will help you win. The documents you will need are:
- The police report
- Insurance policy document
- Eyewitness statements and reports
- Pictures of the accident scene
- Phone records (if using mobile while driving is an issue)
- Medical bills that state your damages
- Many other documents
Every country has a different insurance policy when it comes to a car accident lawsuit. Depending on where you live, you can determine where you will get the compensation.
In some places, the policy might not cover certain damages, and you will have to talk to your own provider first. In others, if you are injured in an accident, you’ll need to seek compensation from other driver’s insurance provider. So, the first thing you need to do is review the policies to identify what your pre-lawsuit settlement offer states. In fact, most accidents are handled out of court that saves a lot of stress.
You will receive a settlement offer from the other driver’s insurance company, so you and your attorney can determine if it’s acceptable.
Filing a Lawsuit
If the given settlement offer is insufficient, you will file a lawsuit. It means that you and at-fault driver’s insurance companies are far apart to have a discussion, and a third party has to be involved.
The motive behind filing a lawsuit is to obtain a bargaining advantage over an insurance company. A lawsuit complaint must be drafted very carefully as every sentence has some meaning. Even a tiny mistake can delay the legal process or even ruin your claim. An experienced personal injury attorney will draft your complaint carefully that maximize your chances of getting a right settlement amount from the insurance provider.
Drafting Settlement Agreements
The final stage is to draft and sign a settlement agreement. If the draft is created by the insurance company, make sure you have an attorney to review it for you. As insurers can use some sort of trick in the statements that you will find when you collect your money.
The settlement agreement is a contract that forces insurance companies to pay you as per their terms and conditions.
If you want to get the best settlement offer, you must hire a lawyer to let the other side know you are capable of taking it to court and winning at trial. This way, you can motivate the other party to settle!