1. Right After the Accident
When you’ve suffered injuries in an accident due to someone else’s negligence, you may not be thinking clearly about what needs to be done. Accident victims should make sure to seek medical attention for themselves and anyone else who is hurt. These medical records will be important to your insurance claim when you seek compensation for your serious injuries.
Make sure to report the crash to the police, since police reports are often considered an important, objective account of what happened. Document the accident scene as much as you can, including any vehicles involved, skidmarks on the pavement, and even the weather at the time the accident occurred. Talk to the driver who caused the accident, ask for their name and the name of their insurance company. Also get contact information for any eyewitnesses.
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2. Hire an Experienced Personal Injury Lawyer
Remember: the insurance company is not on your side. Their goal is to pay you as little as possible, and they rely on your lack of knowledge about insurance claims to lowball their offer to you. As soon as possible, and before you speak to anyone from the insurance company, talk to a personal injury lawyer first.
A skilled car accident lawyer will have the experience to know what your personal injury claim is worth—including damages that are subjective and hard to calculate, like pain and suffering. They are also skilled at negotiating with insurance companies, which means you have a better chance of receiving a fair settlement offer.
Not all personal injury attorneys are the same, but most offer a free initial consultation. A good lawyer will help you understand your options, speak in plain words, and let you make the final decisions. If you don’t have a good feeling about the first lawyer you talk to, you can consult another attorney.
RELATED: Is it Worth Getting an Attorney After a Chicago Car Accident?
3. Pre-Litigation Investigation
Before you even file a lawsuit, your lawyer will start to investigate the facts of the accident. They will review the police report and the photos and videos you took from the scene of the auto accident. They will interview eyewitnesses and get witness statements that will strengthen your case. Your lawyer will use the evidence to determine who is at fault, and what insurance policy or policies may cover your personal injuries.
During this period of time, they will also encourage you to seek as much medical treatment as needed to help you fully recover, including physical therapy. They may direct to you to medical experts to examine the full extent of your injuries.
Your lawyer’s experience with personal injury claims will help them look at your medical expenses, your injuries, and your property damage in order to calculate a fair settlement offer for your personal injury case.
4. Demand Letter and Settlement Negotiations
Now that your personal injury lawyer has all the facts at hand, they will write a demand letter to the insurance company. This letter will outline what happened in the car accident, including who was at fault, and a list of damages for which you are seeking compensation. This will begin negotiations between your lawyer and the insurance company.
Many personal injury claims settle during this negotiation step. However, insurance companies may use stalling tactics to draw out the process and make you feel like you have to settle for a lower amount than you deserve.
An experienced personal injury attorney will guide you through these negotiations and call out the shady tactics used by large insurance companies. Your lawyer will never agree to a settlement unless you also agree with it.
If the two parties cannot agree on a fair settlement, your lawyer will file a lawsuit on your behalf.
5. The Litigation Process
After your lawyer files a personal injury lawsuit against the responsible party, you enter the discovery phase. This is the longest period of time in the personal injury lawsuit process, often taking several months.
During discovery, your attorney and the opposing insurance company conduct additional investigations, see what evidence the other side has, and refine their cases for trial. This can include steps such as:
- Submitting written questions (interrogatories) to the other party.
- Conducting out-of-court interviews under oath (depositions) with key people and witnesses.
- Requesting additional documents and records, such as medical records, insurance policies, photographs of the scene, receipts, etc.
- Request for admission, which essentially means that one party provides a factual statement to the other, who must admit, deny, or object to it.
6. Mediation
After discovery, your lawyer or the at-fault party’s lawyer may request mediation. You can think of this as a final effort to negotiate a settlement by consent and avoid having the case determined by a jury (via a costly trial) or arbitrator. At this point, both sides know that they are serious about going to court, but both sides still usually have a strong incentive to avoid it if possible.
Even if mediation doesn’t work, it is still possible to settle your case without going to trial. Some cases even settle on the courtroom steps.
7. Personal Injury Trial
If it looks like your personal injury case is going to trial, your lawyer will complete trial preparations. This includes final strategy planning and preparing you for the witness stand.
When you go to court, that means a jury determines whether you should be paid damages for your personal injury claim, and how much you deserve. After that, you can collect your personal injury settlement as awarded by the court and try to put your car accident behind you.
Alternatively, sometimes personal injury cases are resolved through binding arbitration rather than a trial. During arbitration, a third-party arbitrator hears arguments from both sides and makes a ruling that both must abide by. There are pros and cons to this approach.
8. Post-Trial (or Post-Settlement)
After the trial has concluded (or the case has otherwise settled), your attorney will hammer out a settlement agreement, as well as carefully review and negotiate any outstanding hospital bills and medical liens that you need to settle before receiving your check. Often, a good attorney can help you settle debts for significantly less than what you were initially charged, meaning more money ends up back in your pocket—where it belongs.
Powell and Pisman Injury Lawyers Will Guide You Through Your Personal Injury Claim
Personal injury lawsuits can seem scary, but with a trustworthy lawyer on your side, you can be confident that you are making the right choices for your financial future. Powell and Pisman Injury Lawyers have the experience and knowledge to make sure you receive excellent medical care and fair financial compensation when you’ve been the victim of a negligent driver.
When you are confident that your lawyer is handling your injury claim aggressively and tenaciously, then you can focus on something even more important: your personal injury recovery process. Car accidents can be devastating for both physical injuries and mental trauma. You need a lawyer who is compassionate, understanding, and willing to go to court if needed. You need Powell and Pisman Injury Lawyers.
We offer a free consultation to talk about the specifics of your case, just call (312) 701-3333 or fill out our online form today to get started. When someone else is legally responsible for your personal injuries, we can help hold them accountable for their actions.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
