Do You Need an Attorney?
Believe it or not, but you might not need to hire an attorney to settle your auto accident case. Let me say it again you might not need an attorney to settle your auto accident case. I know that you don't expect an attorney to say such a thing, but it's true. For cases where there is minor property damage to your vehicle and the vehicle that hit you, and where you have received little medical care and treatment and when there are nominal medical bills an attorney may not be able to add enough value to your case to justify the fee charged for his or her services.
If you do need to hire an attorney, that attorney will obtain a medical release from you in order to obtain all of your medical bills and records. The attorney will review the medical information as the claim proceeds, including monitoring your medical progress. The attorney may speak with your treating physician and/or obtain supplemental medical reports to make sure your injuries are properly documented and explained.
Once medical treatment is completed, an attempt may be made to settle the case with the insurance company. The attorney will discuss the strengths and weaknesses of the client's case and review any and all offers of settlement with the client. If the client accepts the settlement, the attorney will review the documents provided by the insurance company and will help the client resolve the liens and assist in the payment of open bills and expenses.
If the settlement offer is rejected, suit will be filed. Here is the typical process involved in an automobile accident lawsuit
A complaint is filed in the appropriate court
The defendant is served with the complaint
The defendant files an answer to the complaint
Discovery is conducted, including answering interrogatories and conducting depositions. Interrogatories are written questions that you want the other side to answer. A deposition is a live questioning of a person under oath. Depositions can only occur in a Circuit Court case.
The plaintiff and defendant could be required to designate and disclose their expert witnesses
The court could attempt to resolve the case by forcing the parties to meet with a Judge or other mediator
If the case does not settle, a trial will occur and a judge or jury will decide the outcome
