A Guide to Car Accident Settlements
Car accidents are chaotic and terrifying—property was damaged, people may have been hurt, and everyone involved is actively frightened and shocked for at least a little while afterward.
As you consider what steps to take next, you may consider filing a lawsuit to try and get a settlement to cover your expenses.
Depending on your situation, doing so could get the other person to cover at least some of your medical bills, repair costs, and more.
However, you need to understand what must happen before you can file your claim, and this article will guide you through the basics regarding that.
If you need further assistance, consider hiring a personal injury attorney from Laredo, Texas, or your local area to help guide you through the process of navigating the lawsuit.
How To Begin The Process of Getting a Car Accident Settlement
Trying to navigate the aftermath of a car accident can be downright daunting, especially when considering the legal and financial implications.
This section will help you by providing a step-by-step guide on initiating the process of securing a car accident settlement, ensuring you’re well-equipped to pursue the compensation you deserve.
Report the Accident
The very first steps after you get into a car accident are to check for injuries, help the injured as much as possible, and move the vehicles out of the way of the road if possible.
If your stomach hurts after a car accident, it’s crucial to seek immediate medical attention to rule out internal injuries or complications.
Prompt evaluation by a healthcare professional can help prevent further complications and ensure a proper recovery plan is in place.
Your next step is to call the police and report the accident since this will not only allow for first responders to arrive at the scene to administer aid but will also allow you to file a lawsuit using the police report.
Each state has specific requirements for when you must report an accident, though there are a few constants.
Typically, if there were injuries, a death, and/or severe property damage, then you must contact the police.
Try to collect a copy of the police report and the names and badge numbers of every officer you speak to if you can, as this will strengthen your case.
Collecting the other party’s information and any eyewitness testimonies will be helpful as well.
Determine Liability
Determining who was more at fault for an accident can be tricky or even impossible, depending on the situation and the state the collision occurred.
States will either have an at-fault system or a no-fault system for determining who must carry the burdens of the crash’s expenses.
If your state is a no-fault state, then a lawsuit isn’t an option for you or the other driver unless your medical expenses surpass a fixed amount set by each state.
You’ll typically just file an insurance claim with your own provider, and they’ll cover your expenses up to the limits of your policy.
Things change for states with an at-fault system, which is the typical system where the accident is examined, and each person is assigned some percentage at fault.
The exact limits for how much fault is required to prevent you from receiving damages vary but typically range from 49% to 51%.
Remember that the other driver can file a countersuit if they feel they can prove you were more at fault than they were.
File The Initial Lawsuit
When you feel it’s time to file a lawsuit, your first step is to find and hire a local personal injury attorney.
Many specialize in vehicular accident cases and will be more than happy to help you with your case.
There are a few things your lawyer will take into account before filing the lawsuit.
First, they’ll gain an understanding of the situation, weigh the strengths and weaknesses of your case, and decide how high your chances for success are.
They’ll either advise you to file and get what you’re owed that way, or they’ll have you simply file an insurance claim and accept their best offer if they feel your chances for success are low.
If you decide to sue, then listen to your lawyer and give them everything they ask for. They’ll help build your case and guide you through the entire process.
Understanding the Settlement Calculation
As you start the process of filing a lawsuit, your lawyer will begin to calculate how much you may get from both a settlement and a verdict under the best possible conditions.
Your settlement amount will be based on a few things. Medical expenses and property damage are the strongest amounts to consider as they can be proven easily.
Going to a doctor or the emergency room will provide you with a tangible medical bill, and repairing your vehicle will give you your repair cost.
Some other expenses your lawyer may consider include pain and suffering, emotional distress, and lost wages.
How stable these claims are and how much you can get from them will vary based on your case’s specifics.
For example, spending a day in the hospital would earn you less emotional distress than if you lost a loved one from the accident.
A personal injury attorney will be well-versed in car accident cases and can accurately estimate how much you can seek for each damage type.
Keep in mind that this is just an estimation; a negotiated settlement or court verdict may award you less or more than you’re seeking.
Also, remember that your attorney will take a cut of what you’re awarded as payment so you may receive less than you expect.
They should communicate these fees upfront and be honest throughout the process so you can start preparing for this cut quickly, though.
Begin Negotiating for a Settlement
Settlements are the most common ending for not just car accident cases but personal injury cases as a whole, and there are good reasons for this.
Lawsuits can be expensive and take a long time.
Car accident cases can take anywhere between nine months to a year to reach a courtroom, and appeals can make the entire process drag on even longer.
Another important reason is the low chance of success. Of the personal injury cases that actually do make it to court, only around half of them rule in favor of the plaintiff or the person who filed the lawsuit.
Settlements can be gained in just a few months, though, and they’re guaranteed payouts once both parties involved agree on the terms.
Once your lawsuit is filed, you or the other party may approach the other to start negotiating a settlement.
Remember that while a lawyer can help you in this process, whether or not the settlement is accepted is entirely up to you.
Getting the Rightful Compensation You Deserve
Even if you decide to forego filing a lawsuit and file an insurance claim, it may be wise to hire a personal injury attorney.
They can help you understand your policy’s specifics and even pressure your provider to deliver you what you’re owed quickly.
While car accidents can be chaotic, a personal injury attorney can bring order and help you decide on what steps to take next so don’t hesitate to call one if you find yourself in a pickle.
