26 May AUTO ACCIDENT SETTLEMENT PROCESS
Every car accident claim starts with a free initial consultation. We will discuss what happened to you and
explain how we can help. If we think you have a claim that we can pursue, we will explain how we will
proceed and what information we need from you, such as insurance information, driver’s license,
photos of car or scene, and any medical bills/records you have collected.
Once you have hired us, we will handle all paperwork related to your claim. We will help you obtain liens
from medical providers to delay debt collection efforts if you have no health insurance. We can help you
find doctors who will treat you with no payment due until your case settles if you have no health
Timeline of process:
Investigate the accident. We will determine who is at fault in the accident and identify insurance
coverage of the driver who hit you.
Calculate the full extent of your losses. This includes adding your medical bills, wage loss, and other
damages incurred due to the accident. In cases of permanently disabling injuries, we work with experts
to develop projections for the cost of lifetime care and medical needs. We also project your income
losses based on your income, education, and work experience.
File a lawsuit. We will immediately file a lawsuit. We do not wait for the two-year statute before filing
with the court. It is our experience, that insurance companies will drag their feet and will not deal fairly
with the plaintiff unless they are forced to by spending costs to defend a case.
Submit a demand letter. As soon as we have all supporting evidence of client’s losses, we will submit a
letter to the insurance company with a settlement demand. Usually, the insurer will respond by either
denying liability or making a counteroffer. Sometimes this happens prior to filing the lawsuit if we have
gathered the necessary documentation to prepare a demand.
Conduct discovery. Discovery is a legal process in which each side gathers evidence from the opposing
side. You will have to answer questions from the defendant’s attorney in a deposition. We will prepare
you for your deposition. We will depose the defendant. The defendant will send written questions that
you will have to answer. We send the defense a series of questions they will answer also. Sometimes, if
there are witnesses to the accident, we will take their depositions, and if necessary, the defense will
depose your doctors and/or experts and we will take the depositions of their experts.
Continue negotiations. While proceeding with the pre-trial phase of litigation, we will continue trying to
negotiate a fair settlement for you. Some insurance companies only get serious about reaching a
settlement as a trial date approaches. Many carriers want to go through the discovery phase prior to
settling a case.
Go to trial. If we cannot reach a settlement that’s acceptable to you, we will prepare for trial. We will be
ready to present a persuasive case. We will make sure you understand what is happening every step of
the way. After both sides present their case and cross-examine the other side’s witnesses, the jury will
receive the judge’s instructions, then deliberate and render a verdict.
The process of settling an auto accident claim can be resolved in a matter of months or a matter of
years. If the insurance company refuses to be cooperative, the auto accident injury settlement process
may take one to two years if all the above steps need to be taken. Our attorneys are skilled negotiators
and are successful at settling most auto accident claims without a trial.
Contact us today for a free auto accident claim consultation.