By Patrick Nolen on February 14, 2024
People never expect to get into a car wreck, yet around 5.4 million Americans end up in car accidents every year, many suffering injuries that require medical treatment.
You cannot control or predict everything that happens around you. That makes the potential for accidents part of our everyday reality, regardless of how experienced and skilled we are as drivers.
The force and impact of a collision can cause long-lasting physical and emotional trauma, leaving the victim with extreme financial hardships and personal difficulties. That is why you need to know what to expect after a car accident and how to demand – and secure – fair and full compensation for your damages and losses with the help of car accident lawyer.
The Importance of Seeking Medical Attention for Legal Reasons
Many victims of car accidents forgo medical treatment because they are concerned about the costs of medical care, and some do not think they need to go to a hospital if there are no visible signs of injury.
However, delays in getting prompt medical attention following an accident can have serious consequences for both your health and recovery time and may also hurt your legal opportunities later down the road.
Let’s discuss the importance of medical care for your car accident case from a legal standpoint:
- Medical records can be used for your legal claim. If you plan to claim compensation for your losses and damages, your medical records will be crucial evidence. They can help prove two things: 1. That any injuries you sustained were a direct result of the accident, and 2. That you sought prompt medical attention to address them. Without proper medical documentation, it can be difficult to prove that your injuries are related to the accident. This can weaken your legal claim and reduce the likelihood of receiving fair compensation.
- Delaying medical treatment can harm your legal claim. If you do not visit a hospital or doctor immediately, this decision can negatively affect your legal claim. First of all, it can weaken your credibility and make it difficult to prove the severity of your injuries. The insurance company can argue that compensation is unnecessary if any injuries you sustained weren’t severe enough to warrant immediate medical treatment. Second, delaying medical treatment makes it more difficult to establish the link between the accident and your injuries. Waiting longer makes it easier for the insurer to argue that something else caused your injuries.
- Seeking medical attention can aid in receiving fair compensation. When you pursue a legal claim after a car accident, seeking medical attention promptly and keeping accurate medical records helps you recover fair compensation. Not getting medical care right away or failing to keep accurate medical records can reduce the amount of compensation you receive. By seeking medical attention promptly and gathering all medical records, you can ensure you receive the compensation you are entitled to.
If you did not seek medical treatment immediately after your car accident and the insurance company is trying to use it in their argument to reduce the value of your claim or deny your claim altogether, seek help from a lawyer right away.
For a free legal consultation, call 877-562-0000
How Soon Should You Contact Your Insurance Company After a Car Accident?
First, you should always prioritize your health and safety after being in a car crash. If you or anyone else in the accident has sustained injuries, request an ambulance and seek medical attention as soon as possible. Your health should be your top priority above everything else.
Once you have received medical attention, you must contact your insurance company to report the accident. Most insurance companies have a 24-hour hotline to call and make a report.
But how soon should you contact your insurer? Timing is critical when it comes to reporting accidents to your insurance company. The earlier you contact the insurer, the better your chances of processing your claim quickly and smoothly.
However, it is always best to consult a car accident lawyer who handles all insurance communications, even with your own provider.
Ideally, you should notify the insurance company within one or two days of the accident. This timeline gives you sufficient time to ensure that you:
- Seek the medical care you need;
- Have all the necessary information and documentation needed to file a claim; and
- Consult a lawyer.
Also, reviewing your policy to understand what kind of coverage you have and the steps you need to take to request compensation is essential. Some insurance policies may require that you report the accident within a shorter time frame, so double-checking your policy is always a good idea.
In some cases, you cannot report the accident immediately, especially if you have been hospitalized or are undergoing treatment for injuries sustained in the accident.
In these cases, you can ask a family member or a friend to report the accident on your behalf or wait until you have recovered and then report the accident to your insurance company.
However, waiting too long to report the accident may result in your claim not being processed as quickly as you might like or possibly even a denial of your claim.
Remember that your insurance company may require a detailed description of the accident, including the date, time, location, and the names of every party involved. Remember to take pictures of the accident scene and gather the contact information of witnesses if anyone saw how the crash happened.
This information can help your insurance company process your claim more efficiently. The insurer may alsorequire a “proof of claim” form when accepting your paperwork related to the accident. The more documentation you can provide, the better your chances of getting your claim approved.
The Insurance Claims Process After a Car Accident
Filing an insurance claim and navigating the claims process is often the most time-consuming and daunting part of getting compensation after a car crash.
The process of obtaining compensation through the insurance coverage available to you usually consists of:
Checking your insurance policy to understand the terms. You must understand your insurance policy before demanding compensation after a car crash. Familiarize yourself with the terms and coverage in your policy to know what is and is not covered in the event of an accident. This will allow you to avoid discrepancies and misunderstandings when filing a claim with your insurance company. Tip: Check your deductible amount, which is the amount you must pay before your insurance company pays for the damages.
- Notifying the insurance company of the accident. The next step is to notify your insurance company about the accident immediately. Prompt notification allows the insurance company to investigate the accident while the details are fresh. During the claims process, your insurance company will consider the severity of the accident, who was at fault, any injuries sustained, and police reports when determining compensation.
- Assessing your losses with a lawyer. Getting the assistance of a lawyer can aid you in evaluating all the damages and losses you have incurred as a result of the accident. A knowledgeable lawyer can calculate all past, current, and future expenses and costs to ensure that your settlement covers all your economic and non-economic losses.
- Demanding compensation from the insurer. Once you understand the dollar value of your claim and have submitted adequate evidence to your insurance company, it is time to demand compensation. The insurer will evaluate your claim and provide an estimate of what they are willing to cover and how much they are willing to pay. If their proposed amount is insufficient, your lawyer can aid you in providing additional evidence and arguments to justify your claim and demand a higher payout.
- Negotiating a settlement. The insurance company usually does not offer enough compensation in their first settlement offer. That is why the first settlement offer usually becomes the starting point in negotiations between the claimant and the insurance company. A skilled lawyer on your side can negotiate with the insurer on your behalf and ensure that you achieve a settlement amount that meets your needs.
- Settling your claim. If the settlement amount is fair, you can settle your claim. Your insurer will provide a written agreement that states that the settlement amount will be the sole compensation for the damages incurred. Once you sign the release form, you cannot pursue further compensation from the insurer for the same accident.
Ideally, you can reach an acceptable settlement to get the compensation you are entitled to and move forward with your life. Unfortunately, however, settlement negotiations may sometimes fail.
Contact our personal injury lawyers today
What Happens if Insurance Settlement Negotiations Fail?
If you and the insurance company cannot come to an agreement regarding compensation, you will most likely need to file a lawsuit and enter into litigation.
If negotiations fail, you can expect your legal case to go through the following stages:
File a Complaint
If you and your attorney cannot reach a settlement agreement with the insurance company during negotiations, you may need to file a complaint with the court. This lawsuit is a legal action taken against the person or entity responsible for your injuries and damages.
Your lawyer will prepare a formal complaint stating the details of your case and submit it to the court, along with a filing fee.
Serve the Complaint on the Defendant and Wait for Their Response
Once your lawsuit has been filed, your lawyer must serve the complaint on the defendant. A copy of the complaint must be sent to the person or company you are suing.
After the defendant has received the complaint, they will have a certain amount of time to respond. If they fail to respond, you may win the case by default.
Discovery
Discovery is the process ofexchanging information between the two parties. During discovery, the parties request documents, witness statements, and other evidence related to the accident from each other. Discovery allows both parties to learn more about the case before it proceeds to trial.
Trial
If a case goes to trial, both sides will present their evidence and arguments to a judge or jury. Your lawyer will try to prove that the defendant was responsible for the accident and that you are entitled to compensation.
On the other hand, the defendant’s attorneys will try to prove that their client was not at fault or that your injuries and damages were not as severe as you claim. At the end of the trial, the judge or jury will decide, and if you win, you will receive compensation.
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Why Do You Need a Lawyer After a Car Accident?
Being represented by a lawyer can help you to level the playing field when seeking compensation after a car accident.
Your lawyer can support you in numerous ways, including:
- Investigating all factors related to the accident. A lawyer will conduct an in-depth investigation to understand all the aspects of the case, collect and analyze evidence, and identify the strengths and weaknesses in your legal claim.
- Identifying all those who can be held liable. Once the investigation is complete, a lawyer can determine the parties liable for the accident. Possibly liable parties include the other driver involved, manufacturers of cars and their parts, and government entities, among others.
- Determining the value of your claim. A lawyer will take the time to evaluate your medical bills and other losses to determine an exact dollar amount. You need to know what compensation you are entitled to and ensure you do not settle for less than you deserve.
- Guiding you in filing an insurance claim and dealing with the insurer. Your lawyer will handle all aspects of the insurance claims process. This includes filing a claim for compensation and communicating with the insurer on your behalf from start to finish to ensure that you receive the proper compensation for your losses.
- Collecting, filling out, and submitting required paperwork. Your lawyer can prepare, complete, and file all the necessary forms and paperwork to comply with the legal processes. This step requires attention to detail and a thorough understanding of the procedural and legal requirements.
- Preparing your case for court. Your lawyer will work to prepare a strong case for court if negotiations with the insurance company do not produce a satisfactory outcome. They can compile all necessary evidence to present an effective case in court and fight for your rights to receive fair compensation.
Ernest Cory, Car Accident Lawyer
Following a car accident, a personal injury lawyer can provide you with much-needed peace of mind, knowing that a competent professional is handling the legal complexities of your case.
Call or text 877-562-0000 or complete a Free Case Evaluation form