It is very unfortunate for anyone to meet with a car accident. More than the damage to the car, the thing that hurts the more is if there is any loss of human life or some serious and unrecoverable injury. In this article, we shall discuss the things that you need to do if you meet with a car accident.
It is better if you can get your car away from the road. It is because it will create a lot of traffic and will be a hindrance to moving vehicles. Now the first thing that you need to do is call 911. It does not matter if it is a minor accident or a major accident, calling 911 is mandatory. Most of the law firms insist on calling 911 for the documentation procedures. These documents from the authorities will help you during your claim.
There are a few people who like to settle things without calling the police. But make sure to get the details of their insurance. Before getting the driver’s insurance details, decide whose company is going to pay for the damages.
Filing a police report is very important and mandatory. You may find it difficult to file the report if you haven’t called 911 immediately after the accident. The law varies from state to state. Most of the states allow you to file a complaint within seventy-two hours of the accident. There are some states that demand immediate complaint filing. There are some states that do not fall into both categories. For example, in the state of Oregon, you need the report only when the damage caused is more than 2500 dollars, and in the state of Ohio, you do not have to produce a report as long as nobody is hurt. This is one law that confuses people a lot. Hence it is better to file a complaint immediately.
Report the accident to DMV
As mentioned earlier the law varies from state to state. There are laws certain states that demand you to report the accident to the Department of Motor Vehicles which depends on how much damage that is caused. If you are in a critical situation, make sure to check the state law and if it is necessary, report to the DMV or BMV of the state.
In the present situation, everyone is carrying a smartphone. So it would not be a difficult task to take photos of the accident scene. Make sure that you take photos of your vehicle and the other vehicle. Other important aspects that the photos should cover are the license plates, street view and if there is any signage. This will be very helpful to prove that there is nothing wrong with your part. You can also show it to the authorities as a piece of evidence when they are creating the report of the accident.
For people who are very much new to personal injury lawsuit, you should know that the entire process consists of eight important steps. Having complete knowledge of the steps will help you to have a clear plan of action to face the lawsuit. In this article, we shall discuss the eight steps in detail
Find the right attorney
Finding the right attorney is the first and the most important step in the process. It is because he is the person who is going to represent you in the court. So make sure that you choose the right one. Do not hesitate to spend some time to search for the perfect attorneys. Meet them in person, and you will be able to decide whether you want to proceed with them or not. If you are not feeling comfortable, do not have second thoughts to walk away.
If you have decided to proceed further then, the attorney might ask for a few documents like medical records, insurance coverage, and an authorization signature. If the attorney is asking too many questions, do not worry, it is very common.
Claim filing refers to the initial complaint that you file in the court. This includes the identification of the parties in the case, the requirement of the defendant and the compensation amount. The important documents include summons of the court and the location of litigation. The court has the authority to take a decision even if any party does not show up to the hearing.
Discovery and fact-finding
This procedure refers to the information that is gathered by the attorney connected with the accident. Some of the information includes the deposition and examination of the accident, names, and details of the witness and other information. With the collected information they present the case in the court. The information that is collected should be presented before the trial.
This is the step that includes personal inquiry. Motions are created by the lawyers for the litigation process. Most of the time motions are about incidental questions. The dispositive motions can bring litigation to an end before it begins.
Most of the time both the parties come to an agreement before the case reaches the trial. If it reaches the trial the convicted should pay the compensation amount to the defendant. Unlike insurance companies, they cannot give some lame excuses to escape from paying.
Jury selection is the process that occurs before the trial if it does not take place in front of the judge. A lot of thought should go into the jury selection process because they are the people who give the verdict. This is one of the areas where the skill and the experience of the injury lawyer are very helpful.
Once the arguments are done the evidence that is presented will be verified. After a thorough investigation of the evidence, they will come to a conclusion and give the verdict. If you win the court will provide you with a copy of the judgment.
If one party wins the other party loses. The party that has lost has the option to appeal; if they have the confidence that, they can win. The appeal is a very different procedure. Instead of a single judge, many judges hear the appeal.