Getting into a motor vehicle accident can be inconvenient at best and tragic at worst. Individuals who find themselves in an accident that involved a car or other motor vehicle will need to go through several processes to increase the chances that the circumstances surrounding the accident are resolved fairly.
If the person who sustained the greatest physical injury in the accident is not at fault, a claim against the insurance of the at-fault driver can be filed. In most cases, the insurance company will cover automobile damage only. Insurance companies do not usually cover intangible effects of the automobile accident, such as the inability to resume previous quality of life or emotional distress. It is best to let a lawyer explore these concepts and prove them in court.
When a car accident is very serious and results in crucial injuries or even death, the plaintiff in the case can file a lawsuit against the defendant. The plaintiff should discuss the case with an attorney in detail. This involves bringing the lawyer copies of medical records pertaining to the accident. A lawyer will decide whether the plaintiff has received adequate medical care for accident-related injuries.
The attorney can also determine whether the plaintiff will need continual medical attention due to injuries sustained in the accident. The lawyer takes a good look at the plaintiff’s physical condition and asks about doctor’s recommendations. The plaintiff should also give the lawyer a detailed account of the accident. It may be helpful to write the details of the event down.
When a plaintiff files a case, the plaintiff, defendant, and the lawyers for each party conduct a mediation. A mediator, who is a neutral third party, is also present. During this session, the lawyers involved in the case try to come up with a settlement that is fair for both parties. If this can not be accomplished, the case will enter into a discovery phase and go to court.
When a judge hears the details of the case in court, the judge will make a decision regarding the accident. The judge may decide that the plaintiff deserves more compensation for injuries and emotional distress. Or, the judge may determine that the settlement proposed by the defendant during mediation is sufficient.
Once a settlement is reached, the defendant is awarded a settlement. This part of the process is not conducted in court and does not require deliberation. When the plaintiff agrees to the settlement amount, the case is officially dismissed.