If you're involved in an auto accident that has injured you or caused damage to your vehicle, you can claim against the at-fault party's insurance company. A majority of cases end after a settlement, while others go through a court trial. Whichever the case, you'll need a car accident attorney to help you get a better outcome. Here are a few facts you should know about car accident claims.
The Burden of Proof
In a car accident case, the burden of proof lies with the person making a claim. Therefore, your case's strength will depend on how well you prove that the defendant caused the accident and your injuries. It's crucial to collect as much information as you can to prove your claim.
If you call your car accident attorney, they'll help you gather information such as the name, contact information, and at-fault driver's insurance details. Your attorney will also help you file a police report and will get a copy of this report to be used as evidence. Furthermore, your lawyer will help you get to the hospital and will get copies of the medical report to support your claim for damages.
Settlement
Another critical role of a car accident lawyer is the settlement process. A settlement is when both parties in a personal injury lawsuit reach a compromise. When the settlement is finalized, the case is closed, and you'll receive compensation for your injuries or damage to your car.
If the lawyers from both sides disagree on a settlement, your attorney can write a demand letter. This letter provides information on your damages and the injuries caused by the accident in great detail as well as a request for a different claim for damages. If the parties involved fail to accept the offer in the demand letter, you can opt for mediation. However, if all these efforts fail, your case will go to trial.
Trial
When a car accident case goes to trial, the involved parties will present evidence in court. You can present evidence in the form of medical bills and testimony from physicians. Your evidence may also be in the form of a testimony. The defense may cross-examine you to help poke holes into your claim. Your car accident lawyer will train you on how to respond during a cross-examination.
The defense also presents their side of the story and tries to prove their innocence or raise defenses against liability such as contributory or comparative negligence. Finally, the judge or jury will weigh the evidence from both sides and make a ruling. Your car accident attorney may advise you to appeal if the outcome of the trial isn't satisfactory. It's after the whole process that you'll receive damages for your injuries or losses.
