Auto Accident Claims
The steps of typical auto accident claims include gathering evidence, evaluating your losses, and submitting your claim to the insurance company. In some cases, your auto accident claim will begin when you contact the police and inform them of the accident. They will arrive at the scene and create a police report.
From there, you should notify your insurance company and follow the procedure it has in place. At any point in the claims process, you can partner with a car accident lawyer from our firm. We can manage the steps involved in a typical auto accident claim. Call (954) 633-8270 to get started with our team.
The Steps of Typical Auto Accident Claims
When you entrust your case to our legal team, we can complete the steps of an auto accident claim. These steps generally include:
Investigating Your Accident and Injuries
Your Fort Lauderdale car accident lawyer will kick off your case by investigating the accident that led to your injuries. This helps them determine who should pay for your losses, and what those losses are. Investigating the accident scene requires your lawyer to:
- Interview witnesses
- Consult with accident reconstruction experts
- View traffic camera footage
- Evaluate photos of the accident scene
- Discuss your condition with your healthcare team
The accident report, eyewitness testimony, and accident reconstruction data can help your lawyer determine how your collision happened and who is responsible.
Evaluating Your Losses
Your lawyer can evaluate your losses by judging the accident’s toll on your life, reviewing your medical bills, and speaking to your friends and family. Compensable losses in your car accident case may comprise:
- Pain and suffering
- Property damage costs
- Medical bills, including anticipated treatment expenses
- Lost income, tips, bonuses, and other sources of job-related revenue
- Wrongful death costs
This is just a short list of compensable losses you could recover through an insurance claim or lawsuit. Your lawyer will evaluate losses unique to your situation. For instance, if you had to hire a nanny during your recovery period, you could recoup the cost of childcare expenses. If you no longer have a working vehicle, you can seek reimbursement for temporary transportation costs.
Filing Your Claim
After your lawyer learns about your compensable losses, they will file a claim with the appropriate insurer. They may send a demand letter that outlines:
- The types of damages you’re seeking
- The amount you’re requesting
- The liable party’s details
- The time and date of your accident
- Other information relevant to your case
Ideally, the insurance company will read your demand letter and offer fair compensation for your losses. If the insurer doesn’t offer fair compensation or denies your claim altogether, your lawyer can proceed with the following steps.
Negotiating a Settlement
If the insurance company doesn’t offer what you’re owed, your Fort Lauderdale personal injury lawyer may enter into negotiations. This requires learning the reason why the insurance company offered a low settlement. When fighting for a fair settlement, your lawyer may:
- Present further evidence of negligence and liability
- Cite the liable policy
- Consult with field experts
- Reevaluate the cost of your damages
- Research the outcomes of cases similar to yours
Most car accident cases resolve through insurance claims. Still, if the insurer refuses to settle, you have legal options. Your case doesn’t end just because the insurer doesn’t want to settle.
Litigating Your Case in Court, if Necessary
As an injured claimant, you could sue the at-fault party. You will have a limited amount of time to do this, though. For example, for Florida cases, you have four years to file a lawsuit per Florida Statutes § 95.11. By promptly connecting with an injury lawyer, you can prevent the deadline from expiring and seek damages within the allotted period.
To advance your lawsuit, we can:
- Communicate with the other party’s legal team
- Present evidence of your accident and injuries
- Argue your case before a judge and jury
- Exchange evidence during a process called “discovery”
- Follow courtroom procedure
While your case unfolds, your lawyer can continue negotiating with the liable insurance company outside of court. If the insurer decides to offer a fair settlement, you can drop your lawsuit and accept that sum. If not, a judge and jury will decide on your case’s outcome.
A Lawyer Can Combat Any Challenges to Your Car Accident Claim
According to the Centers for Disease Control and Prevention (CDC), around 2 million people are injured annually in the U.S. because of car accidents. This causes many people to file insurance claims for the compensation they need. Many of these car accident cases are straightforward matters. However, there are some “hiccups” that could derail your case’s progression. Your Fort Myers car accident lawyer can prevent the following issues from sidetracking your claim or lawsuit:
- The insurer insists that your injuries came from something other than the car accident
- There isn’t enough information to support your case
- One of the involved parties is uninsured or underinsured
- The insurer offers less compensation than you’re owed
- There are disagreements regarding who or what caused the accident
Our personal injury lawyer Florida offers comprehensive legal help. We can work with you to fight for the settlement you’re owed.