Car accidents happen far too often across the United States. According to the National Highway Traffic Safety Administration, in a recent year, nearly 40,000 people died in car accidents.
Many accident victims choose to file an insurance claim or file a lawsuit to get the compensation that they need after a crash. Pursuing compensation after a car accident can be difficult alone. An experienced attorney helps support you through the legal process toward compensation.
Contact an experienced Florida car accident lawyer today if you or a loved one has suffered an injury in a car accident. Do not delay, contact a lawyer and take the first step toward full and fair financial compensation.
What Are The Steps That Most Car Accident Settlements Take?
Knowing the ins and outs of a car accident settlement is important to the success of your case. Generally, car accident settlements go through the following steps:
Initial Consultation And Case Evaluation
One of the first steps in a car accident settlement is the initial consultation and case evaluation. These beginning stages of the case are important to help your potential legal team understand what caused the accident.
Investigation And Gathering Evidence
The investigation phase is a vital part of the case. During negotiations, your attorney will work to gather evidence to help prove your case. You need enough proof to ensure you get the full and fair compensation you might be entitled to after an accident.
Notifying The Insurance Company
Near the beginning of your case, you might be required to notify your insurance company that you were in an accident. Failure to do so might violate your insurance coverage.
Filing An Insurance Claim
Your attorney will help you properly file an insurance claim. Work with your attorney to ensure you are not taken advantage of while filing an insurance claim.
Settlement Negotiations And Agreement
Settlement negotiations happen before any further legal action is taken after a car accident.
Payment of The Claim
If you and your attorney negotiate a settlement agreement, then the payment will be made from the insurance company.
Further Legal Action
If you and your attorney cannot reach a satisfactory settlement agreement, then your case will move forward through further legal action.
It is a good idea to consult with a car accident attorney to ensure you understand your legal rights after an accident. Speaking with an attorney helps maximize your compensation during a settlement. Lawyers can provide valuable guidance throughout the claim process.
How Long Do Most Car Accident Settlements Take To Settle?
The timeline of your car accident settlement cannot be guaranteed. No two accidents are the same. However, some common things can affect how long the car accident settlement process can take.
Here are some common things that can indicate the speed of a car accident settlement.
Whether The Insurance Company Cooperates
Insurance companies are not interested in paying more money than they are forced to after a car accident. Because insurance companies want to protect the company’s profit margins, adjusters will use various tactics to avoid paying claims to injured people. This might mean that it will take longer to settle if the insurance company does not cooperate with you.
Having an attorney will help you face the insurance company and gives you an advocate to demand what you deserve after a car accident.
The Severity Of Your Injuries
The severity of your injuries will impact the speed at which your car accident claims settle. More serious injuries may require lengthy recovery processes. Most accident attorneys will not advise you to settle your case until you have fully recovered. So, the longer that it takes to recover from your injuries, the longer it will take for your case to settle.
The Accident Investigation
Your legal team will investigate the cause of the accident. More complicated cases might require more time to fully investigate. It is important not to rush the investigation process. Rushing through the process can mean missing critical information vital to your case.
The Court’s Schedule
If you and your attorney cannot reach a satisfactory settlement, then your case might continue to trial. In that case, the timeline of your accident depends heavily on the court’s schedule. If the court has a lot of civil cases, which courts often do, your case will need to take its place in line.
How Do I File An Insurance Claim?
Most car insurance companies require their insureds to file a claim right after an accident happens. However, filing an insurance claim can be complex. Before you speak to an insurance adjuster, it is always a good idea to speak to an attorney.
Filing an insurance claim is one of the first steps you will take toward financial recovery after an accident. After you file a claim, your insurance company will investigate the cause of the accident. After the insurance company investigates, they will either approve or deny the claim.
What Happens When My Claim Is Denied?
Depending on state law, you might have options if your insurance claim is denied. Speak to your lawyer about your options if you need to file an insurance appeal. The appeal process can get overwhelming. Your car accident lawyer can handle the appeals process.
What Damages Are Available After a Car Accident?
The availability of compensation depends on the facts surrounding your case. Your attorney and legal team can go through the facts of your claim with a fine-tooth comb to ensure you collect the compensation you deserve. Examples of potential compensable damages can include the following:
Economic Damages
Economic damages include the tangible losses that a car accident victim suffers because of the crash. While economic damages are usually easy to identify, an attorney can help you understand the amount of compensation you can collect after an accident. Common examples of economic losses include:
- Property damage
- Cost of rehabilitative care
- Cost of hiring domestic help
- Current and future medical bills
- Current and future lost income
- Lost earning capacity
Non-economic Damages
Non-economic damages refer to the intangible losses from a car crash. State laws allow car accident victims to recover for their economic and physical losses along with their intangible losses.
Proving non-economic losses can be challenging. Having an attorney’s help can get you closer to recovering compensable damages that you deserve, like:
- Lost enjoyment of life
- Reduced quality of life
- Emotional distress
- Mental anguish
- Disfigurement
- Loss of consortium
- Humiliation
- Inconvenience
Punitive Damages
Punitive damages are available in rare cases. Punitive damages are not meant to compensate the victim. Courts will award punitive damages in cases where the defendant’s actions were extremely outrageous. Speak to an attorney about your case to determine if punitive damages are available.
How Much Is My Car Accident Claim Worth?
The overall value of your car accident settlement is determined by the extent of your harm and losses. Several indicators can help you estimate the value of your claim. Some key factors that can influence the value of your claim include the following:
Liability
The extent to which the other driver or party is responsible for causing the accident can significantly impact the settlement amount that you receive. It is important to discover the liable party or parties and hold them accountable for their actions.
Insurance Policy Limits
Often, the only money available to recover as compensation after a car accident is the money in the at fault driver’s insurance policy. Every automobile insurance policy has a limit on the amount of money that the insurance company is on the hook to pay after an accident. Speak with an attorney to learn what money is available after a car accident.
State Law
States have varying laws regarding insurance claims and personal injury settlements, including caps on certain damages.
It is important to work with an attorney to get a more accurate estimate of the value of your claim. Working with a car accident lawyer is often the best way to evaluate your claim to ensure you obtain everything you deserve after a car accident.
What Should I Do After a Car Accident?
The steps you take after a car accident will affect the outcome of your car accident settlement. What you do immediately after a car accident can make all the difference as you pursue financial compensation.
First, take care of your physical well-being. Seek medical attention immediately after a car accident. Taking care of your medical needs is important to your health and legal claim. Insurance companies look for any excuse to avoid making payments. Refusing or failing to see a doctor after the accident will give insurance adjusters a perfect excuse not to pay you a settlement.
Contact an attorney after the car accident. Hiring an attorney is an important step to get the financial recovery that you need to fully recover after a car crash.
How Can An Attorney Help Me?
Having the support of a legal team can make all the difference in your journey towards financial recovery. An experienced car accident lawyer can help you understand what you deserve after a crash. Here are some of the most helpful ways an attorney can help you after a car accident.
Identifying And Calculating Your Damages
Some accident victims downplay their injuries. An accident victim might be tempted to downplay their injuries and losses to avoid feeling like a burden to their loved ones. Do not fall into this trap. Instead, discuss the full details of the accident with your attorney so that they can understand what compensation you can be entitled to after a car accident. Your attorney can help review your losses and create a plan that allows you to recover everything that you deserve after a traffic accident.
Help With Settlement Negotiations
Having the right legal team can place you on the right track toward financial recovery after a car accident. A major part of your car accident case includes attempting to negotiate with the insurance company.
Facing a big insurance company alone can cause a tremendous amount of stress. An insurance adjuster might use your inexperience with negotiations to exhaust and confuse you into settling for less money than you deserve. Having an attorney protects your interests from greedy insurance companies.
Represent Your Interests At Trial
In cases when you and your attorney cannot reach a satisfactory settlement with the insurance company, your lawyer might file a lawsuit to resolve your case. Filing a lawsuit might mean your case sees the inside of a courtroom.
Arguing your case in front of a judge or jury can be scary, especially if you do it alone. Hiring an attorney closes the gap between presenting your case to a judge or jury and the financial compensation that you deserve after an accident.
Provide Legal Advice
Having an attorney will give you peace of mind because you have a valuable source of legal guidance. Your attorney will be available to answer your questions and help you decide the best course of action throughout the legal process of financial recovery after an accident.
How Long Do I Have To Sue After a Car Accident?
Car accident victims do not have an unlimited amount of time to file a lawsuit after an accident. State law limits the amount of time that a plaintiff has to sue by implementing a statute of limitations. The statute of limitations is a deadline to sue, and it must be strictly followed. Failure to follow the applicable statute of limitations can be fatal to your car accident claim. Work with an attorney to learn more about the applicable statute of limitations and ensure that no statute deadlines are missed.
Contact a Car Accident Attorney Today!
If you've been involved in a car accident, dealing with the aftermath can be overwhelming, and having an experienced attorney can make all the difference in securing the settlement you deserve.
An experienced Florida personal injury attorney can handle the legal process and pursue financial recovery after a crash. There is no reason to attempt to seek settlement alone. Call an attorney today and start your journey to full and fair financial compensation.
James Wayne Holliday
James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.
Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.
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