My Love Of The Law

The Process Of Filing An Accident Claim With The Assistance Of A Professional Attorney

by Alan Medina

If you are currently dealing with the aftermath of an automobile accident in which the other driver was at fault, it is imperative that you contact a personal injury attorney for an immediate consultation prior to filing an accident claim. Attempting to file a claim for damages on your own can be tricky, especially if the other driver's insurance company decides to put up a fight. A professional accident attorney can help you swiftly move through the red tape that often accompanies accident claims by conducting a full investigation and acting promptly on your behalf. 

Auto Accident Attorney Consultation

The first step in filing a car accident claim is to meet with a professional accident attorney for a one-on-one consultation. If your injuries prevent you from traveling, you can request that the attorney travels to meet with you, or you can schedule a telephone consultation. During the consultation, it is imperative that you provide your attorney with documentation such as photos of the accident, copies of medical bills and physician statements that pertain to your injuries, copies of car repair estimates and contact information of any witnesses who are willing to make statements on your behalf. The attorney will go over your documents and advise on the best course of action to take with your case. If they feel they can help you in obtaining compensation for your pain and suffering, a legal agreement will be drawn up and your attorney will move forward with their investigation. 

Car Accident Investigation

One of the most important aspects in car accident lawsuits is proving without a doubt that the other driver was negligent, which means your attorney will more than likely need to conduct a full investigation of the accident. One of the first things your attorney may do is travel to the scene where the accident took place in order to analyze and photograph road damage such as skid marks and yaw marks, as these markings help to determine both speed and impact. 

Your attorney may also consult with your physician and interview your witnesses. If additional medical documentation is needed, your attorney may advise you to undergo an independent physical examination, as this will help to provide a second opinion regarding your injuries and current health status. They may also request additional information from your employer such as copies of paycheck receipts and work schedules in order to verify missed work hours and loss of pay. Once your attorney has compiled enough evidence, they will draw up a complaint to be served on the defendant. The complaint will state the details of the incident and list the damages you are requesting for your injuries, missed work hours and any other expenses directly resulting from the accident.

Settlement, Small Claims Court or Court Trial

In many cases, the responsible driver or their insurance company will admit fault and choose to settle the matter out of court if they feel the evidence is significant. If the other party wishes to handle the matter out of court, your attorney will do their best to negotiate a fair settlement on your behalf. However, there is always a chance that the defendant contests your claim, which means you may be looking at a court trial. In general, cases with damages between $2,000 and $15,000  are usually dealt with in small claims court. If your damages are considerably higher, your attorney will advise you on the process of filing your claim in circuit court, depending on the laws of your state. 

Put Your Trust in a Seasoned Accident Attorney 

Dealing with the aftermath of a serious car accident can be stressful, especially when your injuries are severe. A professional auto accident attorney  (like those at Modesitt Law Offices PC) will work hard to make sure that you are fairly compensated for your injuries and vehicle damage so you can focus on your recovery and move forward in a positive fashion.