The Four Phases of an Accident Claim
Posted on: 16 February 2022
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If you've been involved in a car accident, you need to start thinking about the possibility of filing a claim. Even if you're not sure that you wish to file a claim, you should treat your situation like there might be a case. Car accident attorneys encourage victims to look at these four phases of the process.
Right After the Accident
Immediately following an accident, your goal should be to call 9-1-1 and seek medical treatment. Even if you're fairly confident nothing happened to you physically, you want to be sure to have a doctor examine you. If you don't document your condition in the hours following an accident, the defendant may claim it's impossible to tie your injuries to what happened. Someone who discovers a medical problem weeks after an accident will be in a better position to pursue a claim if a doctor looked them over the day of the incident.
Similarly, you should try to take pictures of the scene if you can. If not, ask a friend, family member, or witness to do so and send the pictures to you.
Also, get names and contact information from the cops, firefighters, and EMTs at the scene. Likewise, get the information for any doctors or nurses who might treat you.
Considering a Claim
You should ask an auto accident lawyer to review your case. Fortunately, it's normal for a car accident lawyer to offer free or cost-effective initial consultations. Also, you may want to speak with several car accident attorneys to hear how they each see the case.
The statute of limitations in most states is two years so you should have some time to consider the possibilities. However, there may be specific rules regarding the type of case. For example, some states have shorter statutory periods for claims against government agencies and employees.
Assembling the Claim
Okay, an auto accident lawyer says you should seek compensation and you've agreed to work with them. Now they have to assemble the claim. Generally, this involves collecting reports from doctors and first responders. Sometimes, a car accident lawyer may also consult with expert witnesses to discuss medical, mechanical, or physics issues related to accidents.
Submission
Your lawyer will submit a demand package to the defendant's insurer stating what compensation you deserve and why. The insurance company will have several weeks to accept or reject the claim. If the insurer accepts, they might still want to pay a lower compensation figure. If the insurance company rejects the claim or drags out negotiations, you may have to sue.
Contact a car accident attorney for more information.