When you are injured in an car accident, your first priority should always be to get better. Unfortunately, getting well will entail going to multiple doctors appointments and missing time off of work. If your injuries were caused by another person`s negligence, you have probably filed an insurance claim. If you are not satisfied with the insurance companies offer, you might consider suing them on car accident court.
Suing someone for damages can be a long and irritating process, but sometimes it becomes the only option if you want your medical bills paid. The first thing you will want to do when you decide to sue an insurance company is to hire a personal injury attorney. You will want to find a lawyer who has a great reputation with the state bar and at least a few references.
What Your Lawyer will Need From You
Your attorney will want copies of any doctor`s bills that you have received as well as receipts for medications that you have taken. They will want to see a letter from your employer stating the number of hours that you have missed from work. They will also want to see a copy of the accident report and any pictures that you have from the accident.
There are a few steps that an attorney will take before they begin a lawsuit.
Negotiating with the Insurance Company
The first thing your attorney will do is call the at-fault driver`s insurance company. They will attempt to negotiate with the adjuster to try to get a deal that is more palatable to you. The vast majority of insurance negotiations end at this stage as they will normally be able to work out a deal. If they are unable to work anything out, your attorney may decide to mediate or arbitrate.
What are Mediation and Arbitration?
Mediation is simply a meeting that involves your attorney, a representative of the insurance company, and an objective third party. The mediator can ask questions of both parties, but they will not offer an opinion.
An arbitrator is generally a legal professional. They will listen to what each person has to say and offer an opinion. In some cases, the arbitrator`s decision will be final, and in other cases, you will have the option to go to court.
Going to Court
Once you decide to go to court, your attorney will send a demand letter to the insurance company. The insurance company will come back with an offer. If you do not accept the offer, you will file a lawsuit in court. The insurance company will either pay up or file an answer.
If the insurance company files an answer, you will be on your way to court. You are likely to be required to go to several mediations along the way.
The Discovery Phase
During the discovery phase, each side will be able to request information from the other party. You will each begin collecting evidence to prove your argument. Witnesses will be interviewed in a formal deposition.
Your case will then go to trial. Either a judge or jury will listen to the case and decide who is right. If you don`t agree with the decision, you can appeal the case.
Although it can take a long time, a car accident lawsuit can get you the money to which you are entitled. Visit hm-attorneys.com for more information.