For most people, an auto accident case is the first time they deal with an insurance adjuster or attorney. Dealing with an injury claim can be frustrating and frightening, especially if you don’t know what to expect in an auto accident case. Below is a summary from our Bloomington car accident attorney about the steps in an auto accident case. We urge you to contact our office for a free consultation to discuss your case in further detail.
Steps in an Auto Accident Case
After your car accident, the first step is to be treated for your injuries. It is important that you see a doctor as soon as possible after the car accident. It is impossible to know the extent of your injuries without medical treatment. You may believe you are “fine” after your car accident; however, you could be suffering from a closed head injury, whiplash, or another injury.
It may take a few days or weeks for your symptoms to become fully evident. If you delay treatment, the insurance company may claim your injuries are not related to the accident. It is better to seek medical attention from the very beginning to protect your right to receive compensation for your damages.
Your Bloomington car accident attorney conducts a thorough, independent investigation to identify and preserve key evidence that is necessary to file a successful insurance claim. We may be by using the police report, but we don’t rely on the information contained in the report. Our attorneys want to ensure we identify all the liable parties and obtain evidence to prove the liability of those parties.
Indiana is a “fault” state, meaning you must prove the other driver did something to cause the accident. If you cannot prove that the other driver caused the collision, you cannot recover compensation for your injuries from the driver’s insurance company. Therefore, an accident investigation is vital in an auto accident case.
Most auto accident cases are settled without filing a personal injury lawsuit. Once you have reached maximum medical improvement or the point at which you have recovered as fully as you will recover, your Bloomington car accident attorney gathers the information needed to prepare a settlement demand. The information used for the settlement demand includes evidence establishing fault and evidence proving injuries and damages. An experienced attorney uses the evidence to draft a settlement letter that sets forth a convincing argument for receiving the maximum allowable compensation.
The insurance company for the other driver reviews the settlement demand then issues a denial or approval of the demand. The insurance company may also issue a counter-offer to the demand. Your attorney negotiates with the insurance company to arrive at a mutually satisfactory settlement. If the insurance company refuses to negotiate or outright denies the claim, your attorney may advise filing a personal injury lawsuit.
Filing A Car Accident Lawsuit
In some cases, victims may need to file a lawsuit to receive compensation for their injuries. Your Bloomington car accident attorney takes care of filing the lawsuit and handling all steps involved in preparing the case for trial. As the case proceeds with the litigation’s steps, the insurance company may agree to settle the claim, especially if the evidence strongly favors you and/or favors a large jury verdict. The lawsuit can be settled at any point prior to a jury verdict.
Preparing an Auto Accident Case
If you have been injured in a motor vehicle accident, you need an experienced Bloomington car accident attorney on your side as you fight for your right to receive full compensation for your injuries. Our attorneys have the experience, skills, and resources you want on your side as you go up against the insurance company for the other driver.