A car accident can cause serious physical, emotional, and financial stress. In addition to unexpected new medical bills and out-of-pocket costs, car accident victims could lose income due to the accident. The combination of rising bills and an inability to get back to work can cause a devastating financial crunch for injured victims.
Fortunately, drivers injured due to another driver’s negligence can seek financial recovery through a personal injury claim. Most car accident claims will be resolved through a settlement. You might ask, then, “How long will my car accident settlement take?” The answer depends on the facts of the accident, your injuries, and other factors involved.
An experienced car accident lawyer can answer your questions and get your claim started today. It is also helpful to know what to do from start to finish during a car accident claim.
Navigating the Accident Scene
Nobody expects to be involved in a car accident when they take to the road. If you were hit and injured, the car accident will be a shocking and upsetting experience. However, you will need to keep focused if possible and try to get information at the scene if you are physically able to.
If you can, try to do the following while still at the accident scene:
- Take pictures of the accident site, including pictures of the vehicles involved, damage to your vehicle and others, and other observations. Make a note of any landmarks, hazards, or unusual features of the accident scene.
- Exchange insurance information and contact information with other driver(s) involved.
- Get contact information for any eyewitnesses to the crash.
- Call the police and give them a statement of what happened.
- Be careful not to apologize or say you shared fault for the accident. Statements, where you take the blame for the crash can be used against you by the insurance company to minimize or deny your settlement.
If your injuries are too serious to take any of these steps, your personal injury attorney can collect some of this information later. Always prioritize your health and safety after a car accident.
Obtain Medical Treatment
You’ll need to get to the doctor or hospital promptly for treatment. Even if you don’t think you are seriously hurt, some injuries will not be apparent right away. You will heal faster if you are treated sooner, and doctors can catch issues you didn’t know were there due to the accident. Meanwhile, establishing a medical record based on the accident will help when you need to seek compensation for your injuries.
Keep copies of any medical bills, test results, prescriptions, and receipts for anything you must pay for as part of your healing process. Make sure to attend any recommended follow-up appointments and procedures. If you go against medical advice or skip appointments and prescriptions, that can be used against you in a personal injury claim.
Get Legal Advice
The sooner you talk to an experienced car accident lawyer, the stronger your claim will be. A Phoenix car accident lawyer will know what information you need, how to obtain evidence, and what steps are involved in a personal injury claim. Don’t think you can afford a car accident lawyer?
The good news is that most personal injury lawyers, including ours, will work for you on a contingency basis. That means you do not pay fees upfront. Get your claim started now by talking to a knowledgeable car accident attorney.
Collect Evidence
Evidence in a personal injury claim often will include:
- Photographs
- Video recordings
- Police reports
- Accident reports
- Witness statements
- Physical evidence from the crash site
- Medical records
- Medical bills
- Information about the at-fault driver
- Evidence of drug or alcohol use by the liable driver
- Expert witness reports and testimony.
An experienced car accident lawyer will carefully review your case and collect evidence. Once in hand, evidence will be shared with the insurance company to help prove your claim for damages. Gathering evidence does not happen immediately, however. Certain pieces of evidence might not be available for weeks or even months after the accident.
Settlement Negotiations
Settlement negotiations usually involve an exchange of letters and phone calls between your attorney and the insurance company or a defendant’s attorney. Typically, to start out with, your attorney will submit a claim for compensation, and the insurance company might reject the first proposed claim. The insurer might respond with either a counteroffer or denial of the claim.
The settlement timeline depends on the case itself and the facts involved. If a claim requires accident reconstruction experts, medical experts, and drug test analysis, those factors will naturally prolong the settlement process. A skilled car accident attorney will not take the first settlement offer if they don’t think it is fair to you. If settlement negotiations take longer than you expect, it could mean your attorney is working to get a better deal for you.
Filing a Personal Injury Lawsuit
If your claim does not settle through the insurance claims process, your lawyer will file a personal injury lawsuit to seek monetary damages. In Arizona, the statute of limitations for a personal injury claim is two years from the date of the car accident. If you don’t file on time, you could permanently lose your right to sue the at-fault driver. Your car accident lawyer will know when your deadline applies and when to get your case filed.
Getting Paid for Your Damages
Over 90% of personal injury claims are settled without the need for a trial. If your case settles, your attorney will receive the settlement check. Then, your agreed-upon fees and costs would be deducted from the total, and the rest of the settlement would be paid out to you.
If your case goes to trial, a jury will decide how much you are entitled to. After that, you will need to enforce the judgment and collect directly from the defendant. Experienced personal injury lawyers will know what steps you can take to collect on your judgment.
A Phoenix Car Accident Lawyer Can Help With the Settlement Process
If you were injured in a car accident due to someone else’s negligence, you should not be left paying the costs on your own. The Phoenix personal injury lawyers at Runion Personal Injury Lawyers are here to fight for a fair settlement after you’ve been hurt in a devastating accident. Call our law office today at (602) 600-9000 to schedule a free consultation.
