Car accidents can be overwhelming and upsetting. If you or someone you know has been in a car accident, understanding the settlement timeline can help ease some of the stress. An experienced personal injury lawyer can guide you through each step.
Understanding the car accident settlement process can help you be better prepared for what to expect.
Contact the team of Pines Salomon Injury Lawyers at (858) 551-2090 to schedule a free consultation today.
What Is a Car Accident Settlement?
A car accident settlement is an agreement between you (the accident victim) and the insurance company or the person at fault. This agreement covers any damages or injuries sustained in the accident. The process can sometimes be complicated, but knowing the different stages can help you feel more confident.
Immediate Aftermath – What You Should Do
Right after an accident, safety is the top priority.
Here’s what you should do:
- Check for Injuries
- Move to Safety
- Exchange Information
- Document the Scene
Remember, having good documentation can be crucial for your settlement case.
Reporting and Initial Investigation
After ensuring safety and gathering information, the next step is to report the accident. This is important because police reports are often used as evidence in settlement cases.
It’s essential to inform your insurer even if you are not at fault. They will guide you through your policy details and the next steps. Your insurance company will start an initial investigation. They’ll examine police reports, study your claim, and even send an adjuster to inspect the damage.
Medical Treatment and Documentation
If you are injured, getting medical treatment should be your priority. This is important for both your health and your case. Doctors’ reports and medical bills can serve as critical evidence to prove your injuries. Attend all medical appointments and follow the doctor’s advice. Please do so to ensure the settlement amount is correct.
Calculation of Damages
Understanding damages is crucial to the settlement process because it determines how much compensation you may receive. Damages refer to the money awarded to cover the losses you experienced due to the car accident. Let’s dive deeper into the common types of damages that are considered:
Medical Expenses
Medical expenses are often one of the most significant components of a settlement. This covers the costs of any treatment you received immediately following the accident. It includes emergency room visits, hospitalization, and any other medical services you need immediately.
Sometimes, your injuries may require ongoing treatment or surgery in the future. It’s important to estimate these future costs accurately to avoid paying out-of-pocket later on or running out of funds for necessary treatments.
Insurance companies will evaluate medical records and bills to determine these costs. Having detailed documentation from your doctors can help ensure that all your medical expenses are accounted for in the settlement.
Property Damage
Property damage refers to the costs of repairing or replacing your vehicle and any other personal property damaged during the accident. An estimate from a reputable mechanic or body shop will provide insight into repair costs. If your car is deemed a total loss (meaning it would cost more to repair than it is worth), you’ll receive funds based on the car’s market value before the accident. Proper documentation, such as repair estimates and receipts, will support your claim for property damage.
Lost Wages
If your injuries prevent you from returning to work, you may be entitled to compensation for lost wages. Any immediate time you missed from work due to the accident can be compensated. Pay stubs or employer statements can serve as proof of income loss.
In some cases, your injuries may affect your ability to work in the future, either limiting your hours or requiring a career change. Calculating future earnings loss can be complex, often needing expert testimony to assess how the injuries impact your long-term employment potential. Documenting your work history and income before and after the accident will aid in recovering lost wages.
Physical Pain
This includes ongoing pain or discomfort resulting from the injuries sustained in the crash. Doctors’ reports detailing pain levels and recovery projections can substantiate claims for physical pain.
Emotional Distress
Anxiety, depression, and other emotional challenges brought on by the accident are part of emotional distress. These damages can also cover loss of enjoyment of life, where your injuries prevent you from doing activities you once loved.
Calculating these damages can be challenging because they are subjective and personal. Your lawyer might use formulas based on the severity of your injuries and the impact on your daily life to estimate pain and suffering compensation.
Negotiations With the Insurance Company
Once the damages are calculated, the next step is negotiations. Your lawyer will send a demand letter to the insurance company. This letter outlines your injuries, damages, and the amount you seek. The insurance company will investigate the claim. They might accept the demand, counter with a lower offer, or deny the request.
Negotiations can take time. Being patient and allowing is essential to let your lawyer handle the back-and-forth.
Settlement Agreement or Trial
If you and the insurance company come to terms, you’ll sign a settlement agreement. This means you agree on a compensation amount, and in return, you promise not to sue.
Your case may go to court if an agreement isn’t reached. This is usually a last resort because trials can be lengthy and costly. Most cases settle before trial because it’s quicker, and you get your money sooner.
Receiving Compensation
Once a settlement is reached, the final step is receiving your compensation. You’ll sign a form agreeing to the settlement terms. This means you can’t ask for more money later.
The insurance company will process your payment. This can take a few weeks. Your lawyer will help ensure the settlement amount covers your needs. Remember, legal fees are deducted from the settlement in contingency fee arrangements.
Contact Our Car Accident Lawyers for a Free Consultation
Navigating a car accident settlement can be complex, but knowing what to expect can make it easier. Each case is unique, and timelines may vary. At Pines Salomon Injury Lawyers, LLP, we are committed to helping you every step of the way.
Our goal is to ensure you receive fair compensation for your ordeal. Don’t hesitate to contact us with any concerns or need assistance with a car accident settlement. We’re here to support you through every stage of the process.
Contact the Car Accident Lawyers of Pines Salomon Injury Lawyers in San Diego, CA for Help Today
For more information, contact an experienced car accident lawyer at Pines Salomon Personal Injury Lawyers to schedule a free initial consultation today.
We proudly serve San Diego County and its surrounding areas:
Pines Salomon Injury Lawyers – La Jolla Office
4660 La Jolla Village Dr. San Diego, CA 92122
(858) 551-2090