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Being injured in an auto accident is a difficult time in anyone's life, and perhaps the last thing you want to think about is getting involved in a lawsuit. In some cases, however, this might be necessary, as insurance companies usually attempt to keep their payouts low. If you decide to pursue a legal case, it's important to be familiar with the initial steps leading to a possible trial. This article examines the key steps involved.
Demand Letter
Before you take any other action, you should write a "demand letter" to the insurance company of the driver who caused your injuries. The letter should give a brief account of the accident and explain why the other driver is responsible for the crash. A complete list of your injuries and medical expenses should also be included, as well as any other expenses and the amount of your lost income. To back up your claims, add any supporting documents, such as police reports and hospital bills. Conclude the letter with your settlement demand.
One key point in the timing of sending the demand letter is known as maximum medical improvement. You want to send the letter only when your injuries have healed to their fullest extent. If you send the letter before this happens, you may not realize the true extent of your medical expenses and, as a result, may ask the insurance company for insufficient compensation in your demand letter.
Discovery Process
If the insurer does not agree to your settlement demands, the next step will be the discovery process. This procedure is the legal system's way of determining the facts of the case. You and the other parties involved will answer written questions about the accident. If the other side wishes to further examine any supporting documents, you must turn these over. You may also be required to give a deposition, where you are questioned by the insurer's attorney under oath.
Negotiation
When discovery is complete, there is often a negotiation between the parties in an attempt to settle the case without incurring the expenses of a court trial. This might be done either privately, between the respective attorneys, or through the auspices of a professional mediator. If this step fails, then a trial must decide the issue.
Engaging in a personal injury lawsuit is a complex process that requires the expertise of a trained expert. If you have suffered serious injuries in an auto accident, contact an attorney, such as True Guarnieri Ayer LLP, who specializes in this field of the law.
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