What to Expect During the Legal Process After a Car Accident

Car accidents can be both physically and emotionally draining. On top of that are the legal procedures and processes that come with it. Most victims are often overwhelmed with the thought of navigating the legal steps involved in taking legal action.

Austin is a beautiful city in Texas. Here, car accidents are very common. When you are involved in one, it is important to understand the legal process. If you are unsure what to do, contact a car accident lawyer in Austin. They will help you protect your rights and secure fair compensation.

Here are some of the things you can expect during the legal process after a car accident.

Understanding the Legal Process After a Car Accident?

The legal process after a car accident is a roadmap through which victims of accidents can have access to justice and compensation. The Department of Transportation states that approximately 6 million car accidents take place in the U.S. annually, and most of them result in some form of injury. 

Even though all cases are different, they all tend to follow a particular procedure that gives both parties a chance to present their claims:

• Filing a claim
• Negotiation 
• Litigation
• Trial

What to Expect When Filing a Claim?

The first and foremost step in taking legal action after a car accident is filing a claim against the insurance company of the at-fault driver. This involves the presentation of supporting evidence such as police reports, medical records, photos, and witness statements. 

The insurance company investigates to find out who is at fault and whether it should approve or reject the claim. During this stage, an attorney can be particularly useful in helping you to make a strong claim and avoid errors that would be detrimental to your case.

What Happens in the Negotiation Phase?

When a claim is approved, the insurance company will then offer you a settlement. Nevertheless, it is not uncommon that insurers will present a much lower settlement in their initial offer. 

The negotiation phase is the stage when your attorney and the representatives of the insurance company argue about the fairness of the settlement amount. The Bureau of Justice Statistics reports that over 90 percent of car accident cases are settled outside of court, proving how instrumental this negotiation stage is.

What Does Litigation Involve?

When negotiations do not work, the next option will be the actual filing of a lawsuit in a court of law, known as litigation. At this stage, both parties present evidence to each other in a procedure known as discovery; it usually includes asking written questions, exchanging documents, and taking a deposition. 

Pre-trial motions can also take place, where the lawyers can argue about what evidence can or cannot be presented. Litigations are often stressful and time-consuming, but they also reflect seriousness and may incite an insurer to reconsider settlement.

What Should You Expect at Trial?

Where no settlement is reached in the course of the litigation, it then goes to trial. The evidence and witness testimonies are presented before a judge or jury, and a judgment concerning liability and damages is rendered. Trials can be quite unpredictable, which explains why most trials are settled beforehand. Nevertheless, a trial presents the victims with the opportunity of seeking full compensation where other options fail.

Final Thoughts

The legal process following a car accident may seem daunting, but each step will help give victims a sense of justice. It is important that victims know what to expect in the stages between filing a claim and possibly appearing before a judge or jury so that they can make important decisions. 

When you have a competent lawyer by your side, you will not feel all alone and overwhelmed initiating these steps. Plus, you stand a higher chance of a happy ending in your fight for justice.

Keep the following points in mind:

• The legal process after a car accident begins with filing a claim.
• Evidence is an important tool in claiming compensation. 
• Over 90 percent of car accident cases are settled outside of court through negotiations. 
• A trial is usually the last resort when everything else fails.