Most people believe that hiring an accident attorney means that their case must be taken to court. While it’s impossible to make guarantees, most cases are often settled outside the court which saves you the expenses and stress of a trial. The initial estimate of the value of your case and the time your case will take may be in error, and it’s inappropriate to make conclusive decisions. However, your lawyer can help you to obtain a fair settlement in the shortest time possible, and since your accident attorneys’ fee is contingent on the settlement, your attorney will never agree to settle for a certain amount without your consent.
It’s advisable to utilize your auto medical payments coverage or health insurance during an accident. You can use this cover to pay your medical bills within a short time after the accident rather than asking your healthcare provider to wait until after the settlement. In case you have such a type of insurance, the benefits payable won’t cause your rates to increase.
Settlement and the Litigation Process
Because of the nature of your case, the efforts expended by your personal injury attorney Cheshire CT can be infrequent. You won’t always hear from your attorney’s office on a regular basis. However, you can always call them and receive a timely response.
In the initial part of your case, your attorney will have to obtain witness statements, official reports, and photographs in order to gather the necessary evidence to prove how the accident occurred and to determine who was at fault. However, your attorney won’t proceed until your doctor confirms that you have recovered from your injuries or they advise your attorney that you have stabilized. At this point, your lawyer can now begin collecting medical reports, bills and records, and employment reports among other items that may be necessary to document all elements of damages. Sometimes this can take some time because some employers and health care providers are slow in preparing the needed reports.
After collecting the reports, your attorney will then solicit an offer from the involved insurance company. This can also cause delays because each case has to be reviewed by a number of insurance company employees. After the offer has been received, your attorney will bring it back to you for review and discuss the best course of action.
In case your lawyer doesn’t obtain a fair settlement from the insurance company even after negotiations, they will proceed to file a lawsuit or demand arbitration. The other party (defendant) has up to 30 days after being served to file a response. In some cases, there are several defendants, especially if the accident involved many parties, and some may be difficult to locate. In other instances, the defendant may bring other defendants.
After the defendants have filed their responses, discovery proceedings are initiated, and they may include deposition of witnesses, parties, and experts. Your accident attorney will guide and assist you all the way. The discovery proceedings can be time-consuming and expensive depending on the complexity of your case. When the discovery proceedings are over, a trial date is then requested. The trial date is beyond the control of either party, but it can be dependent on how busy the court is during the trial period.