Car wrecks are jarring experiences, to say the least. Many people step away from an accident feeling disoriented and confused about their next step, but we rely on over three decades of experience to guide our clients through their legal challenges. In other words, we’ve got you covered; Here’s what the average car accident lawsuit will look like:
After the Crash: Your health and wellbeing come first, so it’s always recommended that car accident victims seek out medical treatment as soon as possible once they’ve removed themselves from danger. Your physician or doctor will be able to perform a full evaluation of all your injuries, making sure to document them all to ensure you’re paid out properly in the future. They’re also able to detect underlying damage that you might not have noticed initially, which can save you a serious headache down the road when a lingering injury pops up years after the accident.
Receiving PIP Benefits: Once you’re treated by a medical professional, they’ll determine whether your injuries surpass the threshold to qualify as an emergency medical condition. If you don’t meet the qualifications, your payout will be limited to the $2,500 minimum, but an attorney can help you change your status if you feel that a mistake has been made. In some cases, car accident victims who’ve sustained severe injuries won’t qualify for an emergency medical condition diagnosis when all of their information suggests the opposite. If you find yourself in a similar situation, it’s important that you retain legal counsel as soon as possible to avoid having to pay out-of-pocket for their mistake.
Investigation: Your attorney will begin to collect evidence to build a strong foundation for the lawsuit, such as eyewitness testimony, your medical records, and any other available information surrounding your accident. The opposing counsel of the negligent party will also conduct their own investigation to prepare themselves for the negotiation phase.
Negotiation: Once all the evidence has been collected, both parties will sit down and attempt to resolve the issue before filing the official lawsuit. The negotiation phase is where your attorney will outline your injuries, explain the impact of each, then advocate for a compensation package. The at-fault party will either accept these terms or decline them, touting some reason why they shouldn’t have to pay the damages you’re owed. If no agreement is reached, then you and your attorney can begin filing a lawsuit against the at-fault party.
Litigation: Although the majority of negotiations end in a settlement, there are some cases where neither party can reach an agreement. These situations are then resolved in the courtroom, and our attorneys are always prepared to advocate for what you deserve in front of a judge.