Brief Overview of the Car Wreck Claims Process
There are Some Broad-Based Typical Approaches that are used to Reach Resolution in Personal Injury and Wrongful Death Cases
InvestigationThe initial phase involves investigation. As soon as possible following the occurrence, we will begin gathering evidence and information as to the cause of the occurrence, witnesses involved, and the identities of the responsible parties and their insurance carriers. Depending upon the circumstances, it might be necessary to retain consultants to assist in preserving evidence. For example, accident reconstruction experts are often used to collect information from the scene and measure and photograph vehicles.
Medical TreatmentIf the case involves personal injuries that require medical treatment, we will be working on the investigation phase while you work with your physicians and other healthcare providers on making a recovery from your physical injuries. Typically, however, we cannot begin to try and resolve your claim with the at-fault party's insurance carrier until you have been released by your physicians and we know the full extent of your injuries.
Settlement Demand PhaseOnce you have been released by your physicians, we will obtain from them complete copies of all of your medical records and bills. In most cases we will at least provide the insurance carrier for the responsible party with an opportunity to fairly resolve the claim without filing a lawsuit. Therefore, it is our usual practice in claims involving personal injuries to provide the insurance company with a comprehensive settlement proposal that contains all of our client's pertinent records.
LitigationIf we are unable to resolve the case in pre-suit negotiations, we will discuss with our client the options. It may well be that the only feasible option available is to file a lawsuit against the responsible party in order to seek fair compensation for your injuries. If a lawsuit is filed it may take 6 to 12 months or even longer to get to trial. Of course, it is always possible that the case may settle at some point prior to trial.