How to File a car accident lawsuit In 2024 – Personal Injury
When a person is injured in a car accident, a potential personal injury case begins. Consequently, the victim needs to follow certain steps to ensure all are safe. Working with a skilled, dedicated, and knowledgeable attorney after an accident is important to get your car accident lawsuit settled rightly.
As all personal injury cases are unique, the timeline of a personal injury case also varies a great deal depending on:
- The complexity of the case.
- The defendant’s level of cooperation.
- The severity of a victim’s injury
Use these eight steps as a general guide to the personal injury claim process:
1. Seek immediate medical treatment
The insurance companies observe gaps in treatment as a sign that your injury has healed. Therefore, it’s better to keep receiving the medical treatment to get maximum car accident lawsuit if you still have any symptoms.
2. Prepare documentation
Documenting all damages, injuries, and medical treatments related to the accident is helpful to collect evidence surrounding the accident’s cause. You should also include hospital visits, lost work, and medical bills.
3. Consider a legal consultation
Many small car accident cases can be settled without legal representation. The top personal injury lawyers offer a free initial consultation to discuss the case before filing.
4. Investigate the car accident and injuries
When you hire an attorney for a car accident lawsuit, they will begin by interviewing the claimant to learn more about the accident. Therefore, after gathering all the records, the attorney will work with accident reconstruction specialists.
5. Establish negligence
Most personal injury cases are based on negligence or failure where another person could be harmed. Proving negligence is hard for the plaintiffs working on their own. However, a skilled and dedicated attorney helps their clients navigate this step successfully.
6. Serve notice of claim
If the victim decides to pursue a personal injury case, he/she needs to inform all involved parties to file suit. In most cases, the notice is delivered personally by the professional court official, process server, or law enforcement officer.
7. Start settlement talks
The claimant’s lawyer can make a demand to the defendant’s attorney or insurance company before the case reaches court. The attorney also tries to negotiate a settlement that will be acceptable for both parties. Most personal injury claims settle at this point.
8. File a lawsuit
The litigation starts when the plaintiff and his/her lawyer file a personal injury lawsuit in court. As the discovery phase involves enormous documentation and can last up to a year, both parties should respond to all requests honestly.
Key points to remember in car accident :
- Talk with your insurance companies instantly (the time period is usually within 24 hours of the incident).
- Ensure you’ve filed the FIR at the local police station.
- Avoid filing incorrect contact details or credentials as it can impact your claim.
- Don’t get confrontational with the third party. Try and settle the case amicably to avoid unnecessary confusion.
Our dedicated personal injury attorney, Ethen Ostroff and his referral partners, will be able to answer any questions you may have about your car accident lawsuit.