If you are involved in a car accident, your initial concern is likely the extent of the damages you have sustained. This could include damage to your vehicle, cargo on board, third parties such as pedestrians, and of course, any injuries you may have suffered. Regardless of the circumstances, if the car accident in Pearland was not your fault, you are entitled to compensation for all of these damages
Initiating Your Claim with the Insurer
To recover the costs of damages sustained in a car accident, you must file a formal complaint with your insurer in accordance with your policy. They will assess the validity of your claim and make arrangements for compensation. However, not all claims are settled by insurance companies, and it is advisable to seek legal assistance before interacting with insurers, regardless of whether you plan to go to court. This will help you avoid any potential loopholes that could jeopardize your quest for compensation.
After filing a complaint with your insurance company or the responsible party, the biggest challenge will be collecting and preparing accurate records of the accident. For instance, you should take photographs of the accident scene immediately before the vehicles are towed and the area is cleared. These photos may provide the basis for arguing your case. In addition to photographs, you may hire certified private investigators to uncover potential causes of the accident and determine fault. Witnesses who can testify to how the accident occurred or how your injuries affected your life will also be crucial in obtaining compensation.
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Assessing Your Damages
As you prepare all necessary claims and reports, you must calculate the amount you are likely to receive as compensation. This is not necessarily the exact amount you will receive, but rather an estimate. For example, if your luxury vehicle is worth $50,000 and is deemed a total loss, you should assume that you should receive no less than that amount, the value of your case on the date of the accident. All other financial factors, including medical bills, lost wages, and pain and suffering, should be included in this report. These itemized costs are compiled into a formal demand letter to the insurance company, explaining the damages incurred and the estimated value of compensation.
Your insurance company, like any other responsible party, will either deny your claim or make an initial settlement offer by calling you or sending a letter. Although it may be tempting to engage with them, you should demand and emphasize all the points in your report. Insurance companies may take advantage of your lack of knowledge, and the amount offered may be much lower than what you deserve or what a judge or jury would award in a similar case. If this happens, you should remain firm in your original report, including your pain and suffering. If both parties reach an agreement, the agreement should be finalized in writing as an enforceable contract. Within the agreed-upon time, the compensation process should be completed.
Going to Court
Not all car accident victims settle their grievances out of court. If you are unable to reach an agreement with your insurer, the next step is to take legal action. However, unlike an out-of-court settlement, this process is much more complex and requires the assistance of a car accident lawyer. The lawyer will use their experience to elevate your case to trial, present proper evidence, and fight to win on your behalf.
The first step is to file a formal complaint, which serves as official notice to both the court and the defendant that you are filing a lawsuit seeking compensation for damages incurred. The complaint will include all facts and evidence supporting your claims, including the amount you will be seeking as the plaintiff (the injured party). Once filed, you will have a reasonable amount of time to serve the complaint to the defendant through a process server, providing proof of receipt. The defendant will have approximately three to four weeks to respond, and failure to do so may allow you to request a judgment by default.
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The Discovery Phase
If the defendant responds to the complaint, the claim proceeds to litigation, which comes with more complex expectations from both parties. The discovery process produces evidence that will form the basis on which the judge or jury makes a final ruling. In other words, the discovery phase is the backbone of a car accident lawsuit and it plays an integral part in any legal process. Here, both the plaintiff’s and the defendant’s lawyers will present evidence, examine witnesses, and question counterparties orally in a formal deposition under oath.
Medical bills and records, police findings, insurance reports, and lost wages information will also be put into the limelight. This information serves to shed light on what happened before, during, and after the accident. Moreover, the evidence is used to approximate and quantify the total amount that you are owed. During the trial, this evidence is presented to the judge or jury, who will then make a ruling based on the evidence presented. They will either award you compensation or find that the defendant owes you nothing.
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Guiding You Through the Process of a Pearland Car Accident Claim
Seeking the services of a seasoned car accident lawyer is crucial when filing a lawsuit for compensation. This will enable you to seamlessly get the justice you surely deserve. Our professionals at Lone Star Injury Attorneys are always ready to assist you with the seriousness your case deserves. We understand the complex legal process and we will guide you through every step of your case to ensure you receive the compensation you are entitled to. Get in touch with one of our representatives today to schedule a consultation.
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