If you have been severely injured in an auto accident due to the negligence of another driver and are considering filing a lawsuit to pay for expenses that weren't covered by insurance, a personal injury attorney can help. While many states enforce no-fault laws in which a certain amount of expenses are automatically paid out, these laws do not require at-fault parties to compensate individuals for suffering or emotional distress, and often times, no-fault allotments are not sufficient enough to cover additional medical expenses.
One of the most important aspects to obtaining additional compensation is to prove without a doubt that the other driver was at fault and that your expenses exceed the standard no-fault payment scale. A professional car accident lawyer will assist you by conducting a thorough investigation and filing a claim on your behalf. Read on to learn more about filing a car accident claim and how a personal injury car accident lawyer can help.
The first step in filing a claim is to schedule a consultation with an attorney. Since the main goal of your lawsuit is to obtain additional compensation, it is important to provide the attorney with documentation that clearly depicts your additional expenses. Depending on your specific expenses, documentation can include copies of medical bills, copies of physician statements, copies of car repair estimates and photographs of your injuries and automobile.
It is also important to provide the attorney with receipts or documents that state the specific amount of no-fault insurance money you were awarded. If the attorney feels you were inadequately compensated and agrees to take your case, they will provide you with a legal agreement and proceed in filing your claim.
Prior to filing an official complaint, your attorney may need to conduct an investigation in order to obtain additional evidence to support your claims. Depending on the specifics of your case, your attorney may request additional medical documentation or advise you to submit to an independent medical examination in order to obtain an expert medical opinion on your condition.
If the accident caused you to miss work and the no-fault allotment only covered up to a certain amount, your attorney may also request a statement from your employer regarding your missed hours and inability to perform your duties. After your attorney has gathered a sufficient amount of evidence, they will draw up a complaint to be served upon the other driver.
Out-of Court Settlement vs. Court Trial
When the defendant is served with the complaint, they will be given a certain amount of time to respond to your claims. If they agree to pay the additional compensation you are requesting or are willing to negotiate, your attorney will consult with their attorney in order to come up with an appropriate settlement amount. If they contest your claim, you have the right to proceed with a court trial.
Often times, cases that proceed to court trials are still settled out of court, due to the fact that additional information is often uncovered during the discovery process that can affect the outcome of the case. Whatever the situation turns out to be, your attorney will be there every step of the way and do their best to ensure a favorable outcome.
Trust Your Case to a Professional
Car accident cases can be extremely detailed, especially for claimants who are attempting to obtain additional compensation. A professional car accident attorney will work hard to fight for you and help you obtain a fair amount of compensation for your struggles. (For more information on car accident lawyers, contact one from Pawlowski Mastrilli Law Group or another firm)