(Newswire.net — August 31, 2023) — After sustaining injuries in a car crash, you’ve likely called the police. You’ve also probably sought medical treatment. But if your insurance company is dragging its feet on issuing a settlement, or even refusing to provide one, you’re going to need an attorney.
This is especially true if someone else caused the accident that left you with these injuries and mountains of medical bills. Here is what you can expect for the timeline of a car crash injury claim.
File Your Car Accident Claim
While you don’t legally need an attorney to file a car accident claim, it’s likely in your best interest. You’ll be in pain, and having an attorney representing your best interests allows you the chance to focus on recovery. It will also increase your chances of a positive outcome.
In some cases, the insurance company will pay your claim right away. This means you’ll get your settlement check within one or two weeks. Insurance companies often deny claims if you didn’t file in time, they don’t believe you were hurt, or they blame you for the crash. Your personal injury attorney will then attempt to negotiate. If that doesn’t change anything and you have a valid claim, they can file a lawsuit for you.
File Your Personal Injury Lawsuit
Once your attorney files the lawsuit, a copy of the complaint will be served to the defendant and their insurance company. Most of the time, they will list that they think you are at fault and don’t deserve compensation.
This will then trigger discovery for both sides. Your attorney will start an investigation to prove you were not at fault. They will take any evidence you’ve gathered and seek out traffic cameras, witnesses, and experts to show that the defendant was at fault.
Mediation and Negotiations
For the majority of car accident cases, settlement occurs before the case goes to trial. Mediation will come next as an attempt for both sides to reach an agreement. An impartial mediator will sit down with both parties. Some cases settle during mediation while others may get closer to trial before they finally settle. However, if you can’t reach an agreement at this point, your attorney will likely prepare for the courtroom.
Personal Injury Trial
When negotiations fail, your lawyer will bring your case before a judge or jury. This is risky for both sides. If you lose, you will not receive compensation. Your attorney can certainly appeal the decision on your behalf.
With a car crash injury case, it could be a short time – just a couple of weeks – before you get payment if things go smoothly. But if there is debate about fault or your injuries, it may be a tedious process that takes months or even years to settle.
Regardless, when you have a Miami car accident lawyer at Nuñez Law, P.L. representing you, you are far more likely to receive the maximum compensation you deserve.