What to Expect: Seeking Compensation for Car Accident Injuries
Following a car accident due to another driver’s negligence, you have every right to seek justice and compensation through a personal injury lawsuit. The compensation awarded can cover crucial expenses, such as medical bills and lost wages. This compensation can also cover other damages suffered by the victim, like mental pain and suffering.
Unfortunately, the process of getting financial relief is often complex. Oftentimes, this process involves a lengthy investigation and a back-and-forth between you and the insurance companies. Having an experienced car accident attorney on your side can help ease any burdens faced during the process, especially if it appears a lawsuit is needed.
Filing an Insurance Claim
If the accident was caused by another driver, the other driver’s insurance company will be liable. However, if you were responsible for the crash, your insurance company will be liable for damages.
After you file a claim, the insurance company involved will conduct an investigation, usually completed by a claims adjuster. This investigation will involve an extensive review of every piece of evidence submitted for your claim.
Pieces of evidence that will be reviewed can include:
Any official police reports
Photographs of the scene, your car, and the other car
Statements given by you, the driver, and witnesses
Medical records when applicable
Negotiating an Insurance Settlement
After the insurance company has reviewed the evidence, they will then either approve or deny your claim. If the insurance company approves your claim, then they will make you a settlement offer.
At this point, both parties will likely have to negotiate to come to an agreement. Having a lawyer by your side can help you determine if the settlement the insurance company is offering is sufficient to cover all of your immediate and future expenses.
During this phase, you might also be advised to send new information pertaining to the accident. One example may be testimonies from experts, such as an accident reconstruction specialist or your doctor.
If and when both parties come to an agreement, you can expect a settlement check to be issued within 30 days. If the insurance company denies your claim, then you may have to appeal with the claims adjuster, which will lengthen the process.
Filing a Lawsuit
You may need to file a personal injury lawsuit if your car accident insurance claim gets denied or the insurance company is unwilling to negotiate a settlement that you feel reflects what you’re owed.
In these scenarios, you may need to file a personal injury suit directly against the other driver involved. An Edinburg personal injury attorney can help you with this process. Most car accident lawsuits are filed within a Circuit Court, either where the accident happened or where the other driver resides.
The Lawsuit Settlement Process
Although some car accident cases do make it to court, the vast majority are settled long before this happens. The lawsuit settlement phase can actually be very similar to the initial insurance settlement phase. However, the big difference is that now you have a lawyer advising you and negotiating on your behalf.
With an experienced lawyer in your corner, you’re more likely to get through to a claims adjuster. The right attorney can also help negotiate a better settlement that reflects your immediate and future needs for adequate compensation. If your attorney is unable to negotiate a high enough settlement to meet your needs, you may need to go to court to get what you’re owed.
Get Insurance Help From The Law Office of Bobby Garcia
The process of getting car accident injury compensation can be hard to navigate and easy to make missteps. Consulting with an Edinburg personal injury lawyer can help ensure you’re on the right path forward.
At The Law Office of Bobby Garcia, our experienced car accident attorneys would be proud to fight for you. From helping you navigate the initial insurance settlement process to negotiating with the insurance companies, our team is here to help.