Before you get started on a car accident case, it’s best for you to fully comprehend what you’re getting yourself into. There are a few complicated steps involved, and unfortunately, it’s not possible to rush any of the processes. In some cases, it takes months before the entire procedure can be wrapped up.
If you or someone you know has been involved in a car accident because of someone else’s negligence, the best course of action would be to file a lawsuit to get compensation.
If you’ve not gone through this process before, you’re likely wondering what the process entails and what your legal options are. Not to worry, an experienced attorney will hold your hand through the different stages, including proving negligence in a car accident case.
Step 1: Getting Medical Care
Immediately after a car accident, the victims must be rushed to get medical care, even if they have no apparent injuries. If they get prompt medical care, any underlying or hidden issues can be detected.
Also, the medical records can serve as a legal tender for understanding the full impact of the accident. It can come in as a valuable piece of evidence during the legal proceedings.
Step 2: Involving the Police
Be sure to contact the police as soon as possible. Their report is usually considered by the court to be an unbiased account of the incident. As soon as they arrive, they begin to document the scene, collect witness statements, and create an official report on your behalf.
By reporting to the police, you can give your case an official and authoritative dimension. This will go a long way toward streamlining the legal process if your case does make it to trial.
Step 3: Hiring an Attorney
After reporting to the police, get yourself the most competent lawyer to help with your case. When you hire a lawyer who knows their onions, they can build a robust case foundation and establish liability in no time.
An experienced lawyer knows all the legal hoops and shortcuts to take to streamline the process and ensure that your rights are fully protected.
They will work hand in hand with the police to assess the collected evidence and ensure that nothing fishy gets admitted. Since they have your best interests at heart, they will advise you on the best legal options and actions that will propel your case forward.
A good lawyer will formulate the best strategy for pursuing compensation. If you’re not fit enough to participate in the negotiation process, you can trust them to get you the best possible deals.
Step 4: Estimation of Damages
Damages can be both economic and non-economic, ranging from medical expenses and property damage to pain and suffering. Your lawyer will carefully assess every aspect of the losses you suffered as a result of the accident.
This assessment will serve as the basis for determining the appropriate compensation amount sought during negotiations or trial. They will help you come up with the most appropriate figure to compensate you for the harm you have suffered.
Step 5: Filing a Complaint
Filing a complaint is the first official step that streamlines the legal proceedings. Your lawyer will draft a document that outlines the plaintiff’s case against the defendant, detailing the alleged negligence or wrongful actions that led to the accident.
With your complaint, the legal system can get involved in the situation and offer a final judgment on the issues of grievances and compensation.
Step 6: Out-of-Court Negotiation
Many car accident cases are resolved through negotiation before reaching the trial stage. Attorneys for both parties engage in discussions, presenting evidence, and exchanging arguments to reach a settlement. This is the best way to avoid the time and expense of a trial while ensuring fair compensation for the injured party.
During this negotiation, both parties deliberate towards a mutually acceptable resolution that addresses the damages suffered.
Step 7: Trial
You should know that you are not mandated to accept the final compensation of the other party if you’re not satisfied with it. You’re free to take your chances at trial. During this trial, both sides present their arguments, witnesses testify, and evidence is thoroughly examined.
The judge or jury will now determine liability and, if applicable, the compensation amount. Overall, the outcome of the trial concludes the legal proceedings, establishing the final resolution of the car accident case.