Car accidents can happen in a matter of seconds and often leave behind permanent emotional damage. Victims of auto accidents can find themselves pulled into a series of unfortunate events, usually beginning with an unhappy visit to the ER. This is not to mention the involved property damage and lost wages. To put it briefly, auto accidents can cause a lot of grief for the victims and their families. It becomes increasingly frustrating when the entire ordeal develops and turns into a personal injury case. For this reason, you need to take quick legal action to minimize the possibility of an unfavorable outcome.
Here is what you need to know when pursuing legal actions after an auto accident caused by another driver’s negligence.
Gather Evidence
If you have been injured in a car accident, you must seek immediate medical treatment before pursuing any other endeavors. Besides ensuring your well being, medical treatment will help bolster your case. After receiving the care you need, you may then begin with your investigation. Typically, you should start by taking pictures of the crash site. This includes the collision, skid marks, your vehicle, and the vehicles of any parties involved. You will also need to gather pictures of the negligent driver’s vehicle as well.
Additionally, you will need to realize that the police often look to clean up the scene of an accident soon after their arrival. This is done to get the other vehicles out of traffic. But this is not to say they do not take their pictures. However, you should look to be one step ahead and quickly gather all you need. Talk to the witnesses around and gather their statements. Also, see who is willing to testify should you need them.
File Claim With Insurance
After getting into an auto accident, one of the first things you should do is file a claim with the insurance company. This is crucial to your case as well as for receiving monetary compensation, which can help get you back on the road quickly. But you will need to provide them with the correct paperwork and statements. Since dealing with the insurance company can sometimes be difficult, depending on their integrity, it is strongly recommended that you seek a professional’s guidance. They can also take on the other tasks while you focus on recuperating.
Hire an Attorney
Legal cases can be too complicated to handle, which is why you need to seek legal representation. This is especially important seeing as laws may differ from one state to the other. If you are in San Diego, for example, be sure to seek the guidance of a licensed lawyer based in California. The legal advisors over at hamparyan.com/san-diego-car-accident-attorney stress the importance of hiring a specialized lawyer in holding the at-fault party responsible for their negligence while abiding by the state’s auto accident laws. Attorneys will also place a value on your case and negotiate the settlement, all while guiding you through the mountains of paperwork involved.
File a Lawsuit
After your attorney negotiates a final offer, you get to decide whether to accept the settlement or file for a lawsuit instead. It is important to consult your lawyer in regards to how you should move forward. If the offer is not reasonable, your lawyers will usually take it to court.
Discovery
After filing the lawsuit, both sides are given a discovery period in which they are allowed to learn more about each other. Typically, your lawyer will take care of this process. However, to be informed of the intricacies of the discovery period, you should know that it includes requests for documents, depositions, and interrogatories. This will include anything from photographs to medical health records, among any other relevant information.
Mediation
After this period, a mediator may be introduced into the mix to resolve the ongoing dispute. A neutral third party will mediate the process by facilitating the discussion between you and the negligent party. This is illustrated by placing each party in a separate room and the mediator will move between them to communicate both parties’ requests.
If the mediation is unsuccessful, you may then need to suit up and prepare yourself for trial. It will not be easy, seeing as anything can happen in a trial. However, with the help of a skilled lawyer, you will be able to prove negligence. Typically, this involves bringing in witnesses and presenting other evidence. But, more importantly, you will need to tell your story and look to win over the jury. You should avoid going to court because trials can take many years to complete. Look to take counsel from your lawyer before moving forward with a decision, and be sure to go through the necessary steps of gathering evidence and filing an insurance claim right after the accident.
