Basics of an Auto Accident Claim

Auto accidents – whether relatively minor or serious – can be scary, confusing, and debilitating. It can be difficult to know what to do if you were injured in an auto accident, and you may be confused about how to get financial recovery for your injuries and damages.
The first thing you should do after an auto accident is contact the police and get the medical attention that you need. You may want to see a doctor even if you don’t appear injured since some auto accident injuries, such as whiplash and back injuries, can take hours or days to manifest themselves.
You should also consider contacting an auto accident lawyer who can educate you on your legal rights, communicate with the insurance companies involved, and advise you on whether to file an auto accident claim.

If you do choose to file an auto accident claim, your attorney will first conduct a thorough factual investigation and legal assessment. In order to have a valid auto accident cl
aim, you will need to prove that the other driver was negligent, that the negligence caused the accident, and that the accident caused your injuries.

If you have a valid legal claim, your attorney will help you file a complaint in the appropriate court. The defendant will then have a chance to file an answer to the complaint, and the parties will conduct discovery, which is the process of obtaining evidence and testimony of the parties and any witnesses.

Most auto accident claims also include settlement negotiations between the parties and their attorneys. Because insurance companies are involved with most auto accident lawsuits, it is important to have an attorney in your corner who can “talk the talk” of the insurance companies. Insurance companies frequently apply a formulaic approach to auto accident claims without taking into account the specific facts and circumstances. Accordingly, an auto accident attorney can communicate, negotiate, and advocate on your behalf with the insurance companies in an effort to obtain a favorable claim settlement.

If a favorable settlement is not possible, the case will continue to trial where a judge or jury will determine liability and the amount of damages.

Because it can take a considerable amount of time for an auto accident claim to be resolved, it is important to have an attorney on your side who can calm your nerves, educate you on your rights and options, keep you informed of the status of your claim, and advocate on your behalf for a full and favorable recovery.