What Usually Happens After a Car Accident?

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Following most car crashes, accident victims will need to undergo medical treatment. The claims-filing process will begin, and your attorney can negotiate with the insurance company adjuster for fair settlement compensation. If your case does not settle, litigation will ensue, and you may take your case to a civil jury trial or alternative dispute resolution (ADR) proceeding. Ongoing Medical Treatment The medical treatment that an accident victim must undergo following their crash is usually dependent upon the severity of their injuries, as well as the accident itself. The more serious an accident victim's injuries, the more extensive and costly their medical treatment. Following a crash, the accident victim may need to undergo a lengthy treatment regimen, including hospitalization, various medical procedures (including surgeries), physical therapy, and visits with medical specialists. The accident victim may need to undergo pain management treatment or consult a neurologist. Following through with your medical treatment regimen after an auto accident is critical since it helps to increase your chances of making a full recovery. Moreover, insurance companies and their adjusters will be less skeptical of your injuries if they see that you followed through on all treatment recommendations – and that your treatment was continuous. Delayed medical treatment and lengthy treatment gaps are often red flags for insurance adjusters. When adjusters see long gaps in treatment, they are more likely to think that the accident victim's injuries are not severe and do not warrant significant monetary compensation. Requests for a Recorded Statement Sometimes after an auto accident, the at-fault driver's insurance company may ask you to provide a recorded statement. They may even tell you that a recorded statement is mandatory in your case. However, that is not true. Nothing requires an accident victim to provide a recorded statement to the other driver's insurance company at all. The only purpose of a recorded statement is for the insurance company to see if there is a basis for denying the accident victim's claim or otherwise limiting the compensation they recover. If you say something damaging to your case during a recorded statement, the insurance company can use that statement against you. Given the potential pitfalls, you should have legal counsel represent you, either on the phone or in person, during any recorded statement. If necessary, your attorney can object to specific questions and be present during the entire proceeding. Filing a Personal Injury Claim After you have completed the majority of your medical treatment, you should be ready for your attorney to file a personal injury claim on your behalf. In most situations, attorneys file these claims with the insurance company for the at-fault driver. However, in some cases, such as where the accident victim did not have insurance coverage (or had insufficient coverage), your lawyer can file a first-party uninsured or underinsured motorist claim with your own insurance company. To ensure the insurance company adjuster has everything they need to evaluate the claim, your attorney will submit copies of police reports, photographs of your injuries, pictures of property damage, medical treatment records from your healthcare providers, medical bills, and income loss documentation. The adjuster will then use these documents to evaluate your claim for settlement purposes. Usually, initial settlement offers from insurance companies are not good. This is because insurance companies want to see if the accident victim will settle quickly and for as little monetary compensation as possible. However, your attorney can aggressively negotiate with the insurance company and work to secure a higher settlement offer that genuinely compensates you for your accident-related losses. If the insurance company does not offer you fair monetary damages, your lawyer can prepare a lawsuit and submit it to the court. Litigation in the Court System Litigation frequently becomes necessary when insurance companies and accident victims cannot agree on a fair settlement number. Even after filing a lawsuit in your case, your attorney can still continue their settlement negotiations with the adjuster and pursue a favorable settlement on your behalf. In fact, filing a lawsuit is sometimes enough for the insurance company adjuster to sit up and take notice. If your case does not settle upon filing suit, the parties will engage in oral and written discovery, and the defense attorney will likely take your discovery deposition. A deposition allows the defense attorney to question you about your accident, the injuries you suffered, the medical treatment you endured, and the overall consequences of the accident on your life. Your attorney can fully prepare you for your deposition, including the questions the defense attorney will likely ask, so you will testify clearly and convincingly. After the deposition, the defense attorney will typically submit a report to their adjuster, and your settlement offer may increase as a result. If that does not happen, the parties may take their case to a jury trial for a resolution. During a trial, the jury evaluates the evidence that the parties present and decides the outcome of all disputed issues. If the parties pursue ADR, such as binding arbitration, a neutral arbitrator whom the parties pre-select will review the evidence and medical documentation and decide on the issue of monetary damages. Your attorney can help you make essential decisions in your case, including whether to settle your case out of court or pursue litigation at a civil jury trial or ADR proceeding.

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