Car Accident Compensation Claims
Car accident claims are very common but there are often many questions surrounding this type of claim, including how long it will take to receive compensation, what the process entails, how injuries and vehicle damage are assessed, and more. While every case is different, we must shed some light on this type of claim to provide a basic understanding of the most important components of these cases.
When we have a client with this type of claim, we are almost always asked how long it will take to receive compensation. Immediately, clients want to know: When will they get their money? Understandably so, as financial compensation for injuries and damages is the primary motive behind these claims. However, the process is often long and drawn out, and settlement relies heavily on the details of each specific case. For example, issues regarding evidence, the length and time of treatment undertaken for medical issues in connection with the accident, and the response time of adjusters must all be considered when estimating the time frame for financial compensation. Will it take a couple of months from the start of the claim or a couple of years? It honestly could go either way.
Despite the many differences between cases, several steps in the process remain relatively standard in order and operational details. These include:
The Accident
Of course, the occurrence of the accident itself is the first step in obtaining financial compensation. The accident must take place for a claim to be brought, and specific actions should be completed to build a successful case. The health and well-being of those involved in the accident are paramount, so they must first be assessed. However, after, you should try to remember to take photographs of the accident, including the cars involved, location and key landmarks, and the accident site itself. These photos can serve as evidence and may be pivotal in proving the circumstances of the accident should anything come into question that may be easily proved (or disproved) with a simple photo of the crash site.
Remember, if you feel any pain, it is crucial to go to the hospital immediately following the accident. This will help prove the extent of your injuries and that they are, in fact, real. Do not wait to see if the pain fades, as your medical records will play a critical role in seeking compensation.
Meeting with an Attorney
Anyone who has suffered an injury or other damages in a car accident should set up an appointment for a consultation with a personal injury attorney as soon as possible to get the ball rolling on potential compensation. The consultation is free, but you should come prepared. We will need a photo of your driver’s license, medical records, and any images you may have from the accident to proceed.
In this type of case, many documents must be sent, requested, processed, and so on. The sooner you begin the process, the better. Once we send our letter of representation, it will curb any further bothersome phone calls (bordering on harassment!) from the insurance company to you.
Treatment
After you meet with an attorney to discuss the details of the accident and your injuries, a paralegal will be assigned to your case to help get the details ironed out. This paralegal also holds the vital role of referring you for treatment based on injuries. The treatments suggested by the paralegal are critical to follow since the treatment notes become critical records when it comes to negotiations.
The paralegal should be updated on all facets of your healing and injuries, including how you feel as time progresses. The paralegal will document your progress for our files based on your thoughts and maintain a record of the process notes from the facilities where you complete your treatment. This helps us develop a robust file that tells the “story” of your injuries, including your treatment, struggles, challenges, and successes, that can help achieve your compensation goals.
Investigation/Liability
Each case will have a critical investigation period to determine who was at fault for the accident—who caused it. This is typically determined through careful consideration of police reports, witness statements and interviews, photographs, and potential camera footage. During this phase, an insurance company may claim liability for the accident or deny it.
Also Read: Multi-Car Crashes: Who Is Responsible?
Medical Records
Your paralegal will work to obtain your complete medical records during and after treatment. Until we receive all the relevant documents, an attorney can’t attach a price tag to the damages in connection with the accident. Unfortunately, since several thousands of records are simultaneously requested for other cases, this can be time-consuming, which clients sometimes find frustrating. However, remember that patience is key. With the correct records and a solid case that documents your medical challenges, we can request the appropriate financial compensation.
Negotiations
Upon receiving all the information concerning the accident, damages, treatment, and so on, the case can move to the negotiation phase. A demand package is sent at this time, indicating the amount requested in the settlement. Unfortunately, insurance companies are not bound by a law that dictates a set deadline for the response from insurance companies. It can sometimes take weeks or even months. However, as things move forward, negotiations will occur, consisting primarily of discussions between the insurance company and the attorney until, at long last, they can hopefully agree on an amount. Please note that our attorneys will never agree to any settlement without approval of that amount by the client as well.
Trial
Sometimes even the most dedicated attempts at negotiation fail. A lawsuit will be filed if the case cannot be resolved through negotiations. It is essential to realize that this route will likely be even more time-consuming than the prior settlement phases, as it can take at least a couple of months even to be granted a trial date.