If you are involved in an auto accident and you sustain injuries, there is a strong chance your case will settle before going to trial. Often, drivers enter into a settlement agreement with the at-fault party’s insurer early in the process.
If negotiation with the insurer does not result in a reasonable settlement offer, you can file a lawsuit to seek the compensation you deserve.
This guide outlines the process involved in getting a car settlement check in 11 simple steps. Not all steps will be necessary in all cases.
Step 1: Get Your Injuries Examined
If you suffer injuries in a car accident, you should go to the nearest emergency room or urgent care facility immediately.
Delaying treatment can inflame serious injuries. Additionally, some injuries – whiplash, for instance – might not hurt right away. Getting a speedy examination and any treatment required could mean the difference between a complete recovery and a permanent disability.
Prompt medical examination after the accident will also ensure that you have documentation attesting to this in your medical records. This could be beneficial if the insurer implies that your injuries were not caused by the car accident.
Step 2: Report Your Injuries to Your Car Insurance Company
You should report any car accident to your auto insurance company as soon as possible after the accident.
It is often possible to call from the emergency room as you wait for your injuries to be examined. Most major insurance carriers have 24/7 phone lines, enabling you to file a claim as soon after the accident as possible. Alternatively, use an online claim portal to initiate a claim from your phone, smart device, or computer. Inform the insurer that you were involved in an auto accident and sustained injuries in the wreck.
Step 3: Demand Letter
If your injuries are severe enough to warrant follow-up treatment after an initial visit to the emergency room, you should contact a personal accident injury attorney. A car accident lawyer can help you calculate your financial losses caused by the accident, including:
- Medical bills
- Ongoing and future medical bills
- Lost earnings
- Pain and suffering
If your injuries are severe enough to warrant follow-up treatment after an initial visit to the emergency room, you should contact a personal accident injury attorney. A car accident lawyer can help you calculate your financial losses caused by the accident, including:
- Medical bills
- Ongoing and future medical bills
- Lost earnings
- Pain and suffering
Your attorney will put together a settlement demand package to send to the insurer. The demand letter will request a specific amount of compensation.
The insurer will typically make a low initial settlement offer and your attorney will then negotiate until the settlement is fair and reasonable. If negotiations do not result in a settlement offer you consider acceptable, you can file a lawsuit and pursue the matter in court.
Step 4: File a Lawsuit
If you are unable to get a reasonable settlement after negotiations with the insurance carrier, you can file a lawsuit against the other driver or responsible party.
Your attorney will draft a petition and file this with the court. The petition states the basics of the case and specifies that you are seeking damages from the at-fault party.
Once this petition is filed, you will receive a summons from the court. This must be served to the defendant. If the defendant fails to respond to the lawsuit, you receive a default judgment in your favor. The case is finished, and the defendant must pay you.
Unfortunately, this seldom happens in car wreck cases. The exception is when the defendant is uninsured and you were forced to pursue them personally for damages.
Step 5: Written Discovery
Assuming the defendant files an answer, your lawyer will engage in written discovery with the defendant’s counsel. The attorneys will request and deliver documentation pertaining to the case. These documents contain the information that will be presented to the judge and jury in the event of a trial.
Also, you will need to provide written answers. You sign these interrogatories under oath.
Step 6: Depositions
The attorneys will conduct depositions with:
- Parties involved in car wreck
- Witnesses
These depositions typically take place at the offices of one of the attorneys, although the judge will not be present. A court reporter administers the oath then records all questions and answers, along with any objections raised. This is turned into a written deposition transcript that can be used in court.
Step 7: Mediation
Rather than a case going directly to trial, a judge usually requires that the parties involved mediate the case.
Mediation is a negotiation led by a legally-trained mediator. The mediator acts only to facilitate the negotiations and does not influence the amount of compensation.
Step 8: Prepare for Trial
If mediation is unsuccessful, the case often proceeds to trial.
For any pieces of evidence your lawyer feels are inadmissible in court, your legal counsel can file motions in limine.
Step 9: Jury Selection
Using a process called voir dire, both attorneys work with the judge to select a jury, aiming to get an unbiased pool.
Step 10: Fulfill Your Financial Obligations
If the jury rules in your favor, the judge will sign an order for the defendant to pay you compensation.
Step 11: Pocket the Money
By the end of this potentially lengthy process, you’ll finally receive your settlement check.
You’ll need to pay a percentage of your award to your attorney, and you may also need to pay medical bills and other expenses, as well as any legal financing.
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