If you have been injured in an auto accident, you may feel overwhelmed by the important choices that must be made. Insurance adjusters may be pressuring you to make immediate decisions regarding your claims while you are still reeling from the trauma of the accident. Even if you never contemplated hiring an attorney or seeking damages, it may become apparent that you must take action to preserve your ability to pay your medical bills and remain financially stable. You might feel like you are venturing into unknown territory with your claim, but personal injury cases are a series of steps and challenges. A good attorney can provide directions for every stage of your case.
Step One: Scene of Accident/Gathering Evidence
At the scene of an accident, it is essential to begin, if you are able, to determine fault. If it is an automobile accident, you and your passengers may be questioned by a police officer. You (or someone acting on your behalf) should take photographs of the accident scene and your injuries. Sometimes fault will be obvious, but it is not helpful to make any admission of liability before discussing your claims with an attorney.
Step Two: Address Injuries and Seek Care
Immediately after an accident, you may need to seek urgent medical attention. Conversely, you may initially feel okay but experience significant pain and stiffness later. It is important to address your injuries at the appropriate level of care, whether at the ER, Urgent Care, or with your Primary Physician. You should not minimize symptoms or delay care, as this may harm both you and your claim.
Step Three: Initial Consultation with an Attorney
As you begin receiving care, scheduling an initial consultation with an attorney is a good time. Most firms will offer a free initial consultation to determine the merits of your claim, but you should seek an attorney experienced in the type of claim you will make.
Step Four: Investigation and Gathering of Evidence
With the assistance of counsel, it is time to gather evidence in your case. You should have provided any photographs or police reports in your possession to your attorney. Your attorney will get releases and gather your medical records. You should collect documentation of any out-of-pocket expenses (medications, co-pays, etc.) and provide a summary of any lost wages. Your attorney will gather evidence concerning your claims and may request documentation or witness statements.
Step Five: Treatment and Ongoing Documentation
Make sure you keep or reschedule any medical appointments and comply with your care providers. You might consider keeping a journal of your recovery, including pain and rehab. At this stage, the extent of your injuries and the course of care should be apparent.
Step Six: Demand Letter and Package
This package, prepared by your attorney with your assistance and input, is a summary of your claims, your theory of liability, your medical care, and your settlement demands. The package will contain the Police Report, medical and other bills, medical records, lost wage information, and any photographs you have of the scene and injuries.
Step Seven: Negotiation
Your attorney will work with the insurance company and any other interested parties to secure a settlement of your claims. The experience level of your attorney becomes apparent at this critical stage when negotiation skills are front and center.
Step Eight: Sign a Settlement Agreement or Proceed to Trial
At this point, your case will likely settle – upwards of 95% of cases settle before trial. Claims that do not settle will proceed to trial. For cases that do settle, securing payment, getting the signature of all parties, and closing your case should happen quickly.
Cullotta Bravo Law Firm
The Cullotta Bravo Law Firm is here to help you every step of the way in your personal injury case. We have experience in overseeing even the most complex personal injury cases and can negotiate full and fair settlements of our client’s claims. To schedule a free consultation, call 630-898-7800 or contact us online for more information.
