Frequently Asked Questions (FAQs)
If you are hurt in a collision, the first thing to do is to get medical care. It is very important to know the extent of your injuries. Remember to get a proper diagnostic workup and treatment to manage the recovery process. You also have to determine the medical treatment program/ therapy for optimized recovery.
For clients with no medical insurance, an attorney will provide assistance in treating liens. Clients with medical insurance are asked by the commercial or government health plan to pay for the treatment. We will then assist you to negotiate a lower amount of liens against any third-party recoveries.
In an auto accident case, the attorney needs a collision report if the CHP or local police were called to the scene. This collision report usually contains the names of the parties, insurance information, witness statements and the investigating officer’s assessment of the collision, and determination of cause and fault.
It is also helpful to have photos of the property damage and injuries, as well as a statement from the client describing how the collision occurred. The attorney also needs a HIPAA compliant authorization for release of medical records and bills to obtain the complete medical and billing records related to third-party liability.
After the treatment, the attorney will make a demand on the insurer of the other party to settle the claim during pre-litigation. The claim is then settled once a reasonable offer is made.
For instances where the parties could not come with a reasonable offer from the other driver’s insurance, the attorney could file the case and pursue it in litigation. Once the suit is filed, there is a high possibility that the case will be settled before trial and verdict.
According to statistics, 98% of cases filed are settled before they go to trial. With this, it is more likely for a case to settle once a lawsuit is filed.
That depends. If the claim is not resolved at pre-litigation, you will be deposed by opposing counsel. The deposition does not take place in court but rather in the attorneys’ or court reporters’ offices. The chances are that the case will resolve at some point before it goes to trial.
It depends on the facts of the case and the opposing party. If liability is clear and the parties both have a similar appraisal of damages, the case will likely settle soon.
If there are issues such as differing opinions or appraisals of liability and damages, the case will be moved to litigation in order for the parties to come to terms. In case the parties can’t resolve the case at litigation, the suit will push through trial. In some cases, time and expense of litigation put pressure on both sides. This pressure urges them to be reasonable and settle the dispute.
Accident Compensation Lawyers at Your Service
Auto Accident Law Firm San Diego provides legal assistance to victims of auto collisions. We help them receive the treatment and compensation for their injuries and trauma. For inquiries, do not hesitate to reach out to us.
If you are interested in our legal services, do not hesitate to contact us through email. We look forward to hearing from you!