What Is the Process for Filing a Car Accident Lawsuit?

1. At the Scene

The process really starts with what happens at the accident scene. If you take the right steps here, the following steps in the process will be a lot smoother. Here's what needs to happen:

The Police Must Be Informed

California law requires that you make a written report and an oral report to law enforcement for any accident that injures a person or causes damage of $1,000 or more. In practical terms, nearly any accident is going to cause more than $1,000 in damage these days, and it can be an unpleasant shock when you discover what it truly costs to repair a vehicle (even after a minor fender bender).For this reason, you should call the police no matter what. To make an oral report, you should call the California Highway Patrol or your local law enforcement as soon as possible (and if anyone is injured, killed, or there is more than $1,000 in damages, this must happen within 24 hours). If an officer comes to the scene of the accident, they will make the formal report and file it. Otherwise, you'll need to do this. You then have ten days to file an SR-1 with the California Department of Motor Vehicles, which is an additional step.

Gather Whatever Evidence You Can

It's important to gather as much evidence as you can collect at the accident scene. Naturally, if you have been badly injured you should not delay getting to the hospital in order to try to take some pictures, but assuming you have not been hurt seriously, take pictures of the damage to the vehicles and the surrounding conditions, including weather conditions and any hazards or traffic control devices (like stoplights) that are in the area. If you can, get the name and contact information for any witnesses who might have been in the area.

Get Medical Help and Follow It

If you were not taken to the hospital immediately after the accident by ambulance, you should still go to urgent care or the ER as soon as possible after you are done at the scene to get checked out. When you tell the doctors you have been in a car accident, they will know what to look for.Although you may feel fine, it's quite common for the adrenaline of an accident to mask the pain of injuries. Some injuries, like whiplash, may not start to feel too painful until a few hours later, as the body responds to the injuries done to the muscles. Even some very serious injuries, such as internal bleeding, may not manifest any symptoms for a few hours.It's important for your own health and welfare to get checked out, and this is also a very important step in the process of a car accident claim or lawsuit. You will need to be able to show definitively that your injuries were clearly caused by the accident. The sooner you go to get medical help after the accident, the easier this is to prove.It's equally important for you to follow all medical instructions given to you. If the doctor tells you not to engage in a certain activity, do not take part in that activity until you are cleared. If you do, you open the door to allow the other side to argue you are responsible for worsening your own injuries.

2. Contact a Corona Car Accident Attorney

The next step is to contact an experienced car accident attorney in the local area. You want to do this as soon as possible after the accident so your attorney can get started investigating and building a case on your behalf.Once you contact an attorney, you will start with an initial consultation where you will lay out what happened and all the evidence you currently have. At this consultation, your attorney will evaluate your case and give you an honest assessment of whether it should go forward or not. If it's a good case, your attorney will then help you with all the following steps.

3. The Investigation

As soon as your lawyer and you agree on moving forward, they will begin investigating the accident. They will take whatever evidence you give them and use this to piece together what happened into a clear narrative.They will also investigate further to make sure it's completely clear who is responsible, and to what degree. In some cases, an attorney may hire a private investigator to look deeper into the case. Your lawyer will also be doing legal research to decide the best arguments to support your claim and thoroughly calculating the total of your full damages.

4. Sending a Demand Letter and Negotiating

Once the investigation is done, your attorney then sends the insurance company something known as a "demand letter." This letter explains the facts, gives the legal reasoning why the insurance company's client is responsible for your damages, and makes a demand for the amount of damages you are claiming.This is usually just the opening move in a series of negotiations, and the insurance company typically counteroffers with a lower settlement offer. At this point, your lawyer will negotiate with the insurance company, and over 95% of these claims are actually settled in these negotiations. This is usually best for everyone involved as it saves time, money, and the uncertainty of the outcome of a trial. However, if the insurance company will not offer a reasonable settlement, your lawyer is likely to advise you move forward with filing a lawsuit.

5. Filing a Lawsuit

Your attorney will help you to file all the correct paperwork in the right way with the court which has jurisdiction over the matter. At that point, you have to send official notice of the lawsuit to the insurance company, and they have 30 days to make an answer.Once they have made their answer, the next step will depend on what the answer was and the deadlines are imposed by the court. These rules can be quite complicated and details may change depending on the specifics of your case and how it evolves, so always talk to your lawyer to get a better understanding of the timeline involved.

6. Discovery and Further Negotiations

Once the lawsuit has been initiated, both sides engage in "discovery." During this time, both sides can request information. The insurance company may ask you to make official statements or answer questions, either in writing or in person, and your lawyer will prepare you for all of this. During this period, negotiations typically continue, and it is sometimes possible to reach an agreement before the trial actually begins.At this point, your lawsuit is filed, and the process has begun. If you go to court, your lawyer will represent you there and make a strong argument for your case.For skilled representation by lawyers with experience in California personal injury law, contact Cesar Ornelas Injury Law Personal Injury in Corona, CA today. We also serve New Mexico, Georgia, and Texas.