Although many people who are injured in an accident believe that hiring a lawyer means they’ll have to go to court, this isn’t always the case. While it’s impossible to predict how a case will unfold, most cases are settled out of court, which makes them cheaper and less stressful. A good lawyer will try to get you the highest possible settlement as quickly as possible, especially since their fees are usually contingent on winning the case.
If you want to know more about the details, such as what your personal injury lawyer will do, learn more below.
Using Your Health and Auto Insurance
After an accident, you may have many medical bills. That’s why it’s a good idea to use your health insurance or auto coverage to pay for medical payments. Insurance will help you pay your medical bills fairly quickly, so your health care providers don’t have to wait for payment until after the case is settled. This use of your insurance won’t result in increased rates or penalties, as no one has to be negligent in order for benefits to be paid.
Understanding the Settlement and Litigation Process
The settlement and litigation process can take time due to many factors. Remember that over the duration of your case, your lawyer may not contact you regularly, but this doesn’t mean you shouldn’t contact them. When you do, you should receive a reasonably quick response that answers your questions.
Early Stages
In the beginning stages, time will be spent gathering evidence like statements from witnesses, photographs, reports, and other documentation that clarifies what happened during the accident and who was at fault.
Proof of Physical Condition
Before your lawyer can move forward with your case, you’ll need to show proof that your doctor has determined your physical condition to be stable.
Once you’ve provided proof of this, your lawyer will start gathering any medical records, reports, bills, employment records, and other documentation that is necessary to help them determine the amount of your damages. Because these reports are sometimes prepared slowly, this process can take a while.
Insurance Offers
Once all records are assembled, you’ll need to ask your insurance company for an offer. This can also take time because these cases are typically reviewed by several employees of the insurance company. As soon as an offer has been received, it will be sent to you so you and your lawyer can discuss how to proceed.
If your lawyer can’t negotiate a fair settlement with your insurance company, they will file a lawsuit or require arbitration. If there is more than one defendant, this can take time, especially when one defendant brings others into the case or defendants are difficult to track down.
Discovery
Once the defendants have responded to the lawsuit, the discovery process begins. During this process, interviews of all parties are done under oath. The more complex your case, the more time consuming and costly the discovery process can be.
Trial Date Determination
Once the discovery process concludes, your lawyer will request a trial date. Depending on how busy the court is, the date may be sooner or later. This date cannot be controlled by anyone involved with the lawsuit.
Creditor Issues During Your Case
Financial disruptions are common after accidents because you may be unable to work while also undergoing increased financial obligations. If you know it won’t be possible for you to meet financial obligations, notify your creditors as soon as possible and ask them to suspend your payments until after you’ve returned to work. Creditors are usually sympathetic if you provide this information in advance and will allow delayed payments.
If there are any issues, your lawyer can contact your creditors to verify that your accident happened, and to promise to pay what you owe from the settlement proceeds. You can also check with your creditors to see if you have Credit Disability Insurance. If you do, it will pay your loans during the time you are out of work or disabled.
The Importance of Your Role
One of your most important roles during your case is to ensure that you are getting appropriate health care. This is essential because often minor injuries turn out to be more problematic than they initially appeared. Convincing anyone that you decided to suffer through your discomfort rather than get necessary treatment will be difficult, so make sure you get treatment for every injury, even if it seems small at the time.
In addition, if you don’t treat your injuries or return to work too quickly, the other side may accuse you of failing to comply with the law (the duty to mitigate, or try to better your situation), and you could lose a portion of your settlement.
Rental Car Considerations
If you’ve been in a car accident, your insurance company must provide you with a rental car until after your vehicle is repaired. You will typically have to rent and pay for the car and then be reimbursed after your insurance company receives the bill. You will have to pay for insurance, tax and gas as well.
What to Avoid During Your Case
There are several things you’ll want to avoid until your case concludes. The first of these is to avoid talking about the accident with anyone who is not your doctor or lawyer. If anyone asks, you should tell them that you are under strict instructions not to talk about your case and refer them to your lawyer.
You’ll also want to avoid signing documents that are related to your case before talking with your lawyer about it. Make sure to send your lawyer copies of all bills you accumulate that are related to the accident. This includes bills you are paying, as well as those your insurance company is paying.
Once your doctor has released you from medical care and allowed you to return to work, let your lawyer know. You should also avoid switching doctors without first discussing this with your lawyer.
If you’ve been injured in an accident, make sure to call a lawyer right away. By working with a trained professional, you’ll ensure that you are properly compensated and will experience less stress as you deal with creditors and insurance companies. Consultations are typically free, and can help you better understand your rights and the strength of your case.
If you’ve been injured in an accident and want to know more about the legal process, book a free consultation with a personal injury lawyer.
