Being involved in a motor vehicle collision can cause not only physical injuries but emotional and mental pain and suffering, not to mention the aggravation of having to speak with insurance company adjusters about your injuries and property damage and have your vehicle repaired or paid for if it was deemed a total loss. Your first thought after a car accident should not be about who to sue, but sooner or later you will wonder who and when to sue after an accident.
Your initial responsibility after a car accident is to make sure you and your passengers are okay and safe. You should first call the police so that an officer can document the collision scene as well as the involved parties, and also describe the circumstances of the accident. You should also take your own photographs at the scene to show the condition of the involved vehicles and the roadway itself, as well as any other evidence like skid marks.
Once you have determined you and your passengers, if any, are okay and the police have been called, your next call should be to your own insurance company to report the accident. Every insured is obligated to report an accident as soon as possible so that the insurance company may begin investigating the claim and gathering information, including statements. It is a very good idea not to give any formal or recorded statements to anyone until you have had the opportunity to speak with a lawyer about the accident.
It is best to contact an attorney soon after a collision while the events are fresh in your mind, in order to give the attorney all important relevant information. Additionally, your lawyer can assist you regarding any statements you need to give, how to get your vehicle repaired, or make sure you are paid the value of your car if it is a total loss, and further, to discuss your injuries and need for medical treatment.
How to sort through the decisions after you are involved in an accident
Your attorney is the intermediary between you and the insurance company and can alleviate much of your stress when trying to navigate a personal injury claim resulting from a motor vehicle collision. At an initial consultation, you would present information about the accident and listen to the attorney’s opinion about your claim, injuries and losses, and the legal process that will follow in trying to settle your claim, or the filing of a lawsuit if the case cannot be settled.
Here is an outline of what you can expect when you move forward with your claim, including filing a lawsuit. Your lawyer will gather information from you and any other witnesses and will request and obtain the police report, medical records and bills, and the like. You would continue treating your injuries until you are discharged from treatment by your doctor. Once all of the records and bills are obtained and sent to the insurance company adjuster, your lawyer will begin engaging in settlement discussions. If unable to agree on a settlement, then a lawsuit would be filed.
Once your case is in the Court, there is the possibility of early settlement; however, there is also a likelihood that depositions will be conducted, both of you and the other driver. Your attorney will meet with you to prepare you for your deposition, which is a question-and-answer session with an attorney, under oath. Often, cases are settled once the depositions are completed.
After you have concluded treatment, your attorney will review the police report, all of your medical records and bills, lost wages, if any, and all other relevant information to determine a range of monetary settlements believed to be fair to compensate you for your injuries and losses. Your attorney would also help you decide whether or not to settle for the amount being offered or have your day in court with a trial. The attorney’s experience will come into play in helping you with this decision as there are several factors to consider.
Most personal injury lawsuits are settled before going to trial, but if negotiations fail, you and your legal team will prepare for trial. A trial date will be set after a lawsuit is filed. There will be status conferences and pretrials with the Court along the way at which a judge will urge both sides to negotiate a settlement. A trial can be heard by a jury or solely by a judge. In either case, certain legal motions will be heard and questions answered before the trial starts. Once the trial commences, evidence will be presented by both sides. You may testify under oath about your memories of the accident as well as your injuries and how your injuries affect your activities of daily living. Once evidence is concluded, the jury will deliberate until they reach a verdict.
It is extremely important that you are aware there are time limitations to filing a lawsuit. In Connecticut, you have two years from the date of the accident to file a suit. If the claim has not been settled or you have not filed a lawsuit within that time, you will be unable to sue.
As you can see, there are many factors to consider when you are injured following an accident caused by someone else’s negligence. It does not cost anything to schedule a consultation with one of the attorneys at the Guendelsberger Law Offices in New Milford. We can walk you through the process and discuss the pros and cons specific to your situation before you decide what legal steps you might want to take. Contact us at (860) 354-4444 or online for a free consultation about your case.