What Happens After You Hire A Car Accident Lawyer
Retaining a car accident attorney as soon as you can after an accident is very important. There is a time limit when you can file a lawsuit called a statute of limitations. This statute of limitations varies depending on the type of case. If you miss the statute of limitations, you will not be able to file a lawsuit.
Hiring a car accident lawyer is often beneficial if you have been in a car accident. An experienced and qualified car accident attorney can help you process and file your insurance claim or lawsuit. You'll also get advice on how best to proceed in the aftermath. A car accident lawyer will also be able to help you understand the compensation and other damages that are available to you as a result of your injury.
After you call Fielding Law Group, our intake team with schedule a free case evaluation with one of our car accident lawyers or someone from their team. This is where you will need to provide your attorney with the information and documents you have. This can include a copy of your ID, insurance cards, photos, and other evidence relating to the incident. It is also essential to provide the facts about how and when the incident happened, what injuries and losses you suffered, if you have missed work, or if anyone witnessed the incident. You must also provide your attorney with a complete list of all the doctors and healthcare facilities that treated you. These items and documents are very important, not just at the beginning of the case but they also help to keep your car accident attorney updated as you continue to seek medical treatment. Your attorney can then obtain all medical records and bills.
When you meet with your car accident lawyer, they will also help you to understand your legal rights following an accident. They'll explain the types of compensation you may be entitled to, such as medical expenses, lost wages, and/or pain and suffering. They will also advise you on the applicable laws that might influence the outcome of your case.
After or during this meeting, the attorney will evaluate your case. This evaluation involves reviewing the facts about your accident and considering the legal implications that may be associated with it. They'll analyze all relevant documents, such as police reports, witness statements, and medical records, as well as look into the statutes of limitations in your state. This evaluation will help them determine whether you have grounds for a claim and advise you on the best action to take.
Demand Letter Sent to Insurance Company
Once your car accident lawyer has determined they have enough evidence to move forward on your case, the car accident attorney will send a letter to the insurance company. Depending on the situation, maybe the letter will go to the negligent driver who hurt you. This demand letter will request immediate compensation for the injuries you have suffered.
The demand letter is answered. Now that the insurance company knows you have legal representation, that can be enough to force open its pocketbook. More often, lawyers for the other side will call your car accident lawyer and begin negotiations over a possible settlement. These negotiations will continue from this point onward; both sides may come to an agreement at any time.
If your attorney cannot negotiate a pre-litigation settlement, they will file a complaint, starting the litigation process.
Lawsuit is Filed, Discovery Begins
Once the lawsuit has been filed, the discovery process begins. Discovery is typically the longest phase of a case and can take months, a year, or years depending on the circumstances of the case. During discovery, each side asks the other side for all the information and evidence they have to support their claim and arguments. Your car accident lawyer will likely contact you intermittently with specific questions about the car accident, your injuries, and status updates. During discovery, both sides will also take depositions. As an injured party or a Plaintiff, you will have a deposition, which is a time for you to answer questions by the defense attorney.
Another part of discovery in a personal injury case is a physical examination where the defense can have you examined by their medical expert. Also, during this discovery phase, your attorneys will often have various hearings with the other side and the judge to provide updates and reports as to how the case is progressing.
Mediation
Mediation is a process where the different parties meet with a mediator, who is a neutral third person. They will attempt to help the parties reach a settlement. It is not an adversarial process, typically each party is in their own room or space and never speaks to or sees the other party. Working with an independent person who helps to settle your case is an essential step in virtually every case. If a settlement is reached, the trial is no longer necessary. If neither side can agree, then the next step is the trial
Case Goes to Trial
During a trial, both sides have a chance to go to court and present evidence and witnesses that supports their case to a jury. In the end, either a judge or jury come to a verdict. At any time, the matter can settle, which ends the trial. Most personal injury cases settle and do not proceed to trial.
With all of this said, it is critical to be patient and trust your car accident attorney, they are there to guide you through the process and make recommendations along the way. The most important thing is to hire a trustworthy and hardworking car accident lawyer to handle your effectively and efficiently.