—
This content is for informational purposes only and is not intended to provide legal advice.
With the high amount of car accidents that occur every day, it is no surprise that there are numerous law firms ready to help victims seek justice and receive compensation. Finding a skilled attorney is easier than you think. However, understanding the legal process and what you need to do for compensation is harder.
For the average car accident victim, the aftermath is manageable. Keep in mind that most accidents are minor incidents where everyone involved walks away without injuries, and damages are settled through insurers.
Even when a lawyer files a claim for a client, you may reach a quick settlement before the case ends up in court. Nevertheless, all motorists should know what to expect before contacting an accident attorney. Here is a briefing of what you can expect when dealing with a severe car accident.
What Happens First
When an attorney takes on a case for a client, they will first contact the insurer of the negligible driver to make them aware of an official claim. The amount of time you and your attorney have to do this differs with each state. Therefore, it is best to notify the insurer as soon as possible. Another purpose of this notification is to try and negotiate a settlement from the start.
Dealing with the insurance company can be dangerous, as your statements could be used against your claim by an agent. Insurance representatives will try to lower the amount of money they award you, if they can. That is why, talking to a local Charleston car accident lawyer before dealing with the insurance company directly could help protect your award.
What Happens When You Don’t Reach a Settlement
Sometimes, an attorney will not settle with the insurer of the negligible driver. This can occur for lots of reasons, but here are two of the main ones:
- The at-fault party disputes the claim– The person deemed responsible for an auto accident can deny the claim if they wish. In this scenario, they may feel that the person accusing them of starting the accident is the one at fault. They could file a counterclaim against the insurance policy of the accuser. The chances of the case being settled in a courtroom increase, though it can take a long time to reach that point after the accident.
- The accused believes that they and others are responsible– While a negligible driver could be at fault for causing an accident, some cases have multiple at-fault parties. It could be that the accused found others impaired at the scene or made an illegal maneuver to prevent a more devastating wreck.
Litigation
Litigation is the next course of action when a settlement is not reached. Once you file the lawsuit and a summons is provided to the allegedly responsible party, the accident attorney begins to build a case for their client. This includes interrogating witnesses and getting written statements describing the details of the accident.
Filing a Deposition
Also, you could file a deposition, where the accused answers questions, usually with their attorney present. The supposedly responsible driver could be compelled to do this under the penalty of perjury.
A physical exam with a doctor could be arranged with a client’s medical insurer. Attorneys sometimes ask for the vehicles involved in the accident to be inspected.
Even at this point in the lawsuit, the accuser and the accused may attempt to resolve the issue with a third party. This usually involves an attorney or retired judge who gathers evidence from each for an attempt at arbitration.
Arbitration
Through arbitration, you can avoid a trial. Such an agreement is usually made as a last effort. However, neither side has to accept the ruling of an arbiter.
In major cases, more than one arbiter could hear the case, either separately or at the same time. As it can take a long time to set the official trial judges sometimes encourage both sides to reach a pretrial settlement.
The Complications of Settlements and Lawsuits
As many lawsuits are settled in the early stages, your case may never end up before a judge. Clients need accident attorneys who are well informed and know the legal process extremely well. A car accident lawyer can get you the assistance you need every step of the way.
—
