In a car accident, you will want to protect your future and repair your vehicle. Four options will cross your mind:
- To accept the settlement from the insurance company
- Considering it will be enough
- To invest your savings wishing that you recover faster before you run out of money
- Or to seek compensation for the damages.
A car accident claim requires the victim to go through three stages.
The Three Stages Of A Car Accident Claim
Claiming compensation for your injuries through a car accident is considered complicated, but if you are serious about getting one, then there are three stages that you have to pass:
Filing, fact-finding response, and trial.
Filing
The beginning of pursuing a claim would commence with filing the case with the insurance company. The first step might look accessible, but the journey ahead is tough because of the complications an experienced attorney can sort out.
Fact and Finding Response
After documenting your paper claim, the second stage will be finding facts and a response. Here, you are required to gather as much relevant evidence as possible to make your case strong. You have to show it to the insurance company.
Yes, the insurance people might give you a response like a denial of claim, ask you to provide more information, admission of fault, or a notice that the opposing party will defend their claim.
If the insurers ask for more information, they won’t look into the matter. Then, you and your car accident lawyer will prepare a trial. You will have to prove your liability and need for the amount of compensation you are expecting from the defendant.
On the other hand, if the response is the admission of fault, then good for you, as the company has accepted your case and will assist in settling.
A secondary claim’s notice could mean three things. It depends on the type of claim you are looking to pursue. Leading to a trial:
Counter-claim
The opposite party files a case against you, where the claimant is usually accused of another offense related to the same case. The defendant will try their best to put you in the station. As if the car accident’s fault looks like yours instead of theirs. A counterclaim demands liability evidence to consider settlement.
Cross-claim
Where multiple defendants are involved, cross-claims come into action. The defendants keep accusing one another that the other is more responsible for the car accidents. Even, they blamed injuries on one another as the injuries were incurred because of the other. Whatever information you and your lawyer have assembled will come in handy in determining the percentage of each defendant’s fault.
Third-Party Claim
In the third-party claim, the defendant brings another person into the case who was not part of the initial complaint. They make this new suspect responsible for your personal injuries claim. The person assumed to be the culprit is now a third party, and the same applies to the current parties. The fault’s determination will conclude the case of whether the original lawsuit complaint will work or you would have to file another case against the cross-claimed party.
Trial
If the defendants failed to reach a fair settlement, you have officially entered the trial stage. The trial is further broken down into six parts:
Jury Selection
The lawyers of both the parties and the judge question the jurors and dismiss and accept them accordingly until the number remains.
Opening Statements
The attorneys representing the defendant and plaintiff put the case ahead of the jury. The parties get their chance to express the facts of the accident and what and how it happened.
Closing Statements
The lawyers give closing statements of their case that are considered a summary of the entire argument.
Conclusion
The stages of the car accident claim can be laborious to follow. Therefore hire a lawyer to make the procedure of seeking compensation against the defendant easier.
