Liability is pretty clear when it comes to rear-end accidents. If you have been rear-ended, it will almost always be the fault of the person behind you. While this collision can leave you with expensive car damage and severe injuries, the good news it is that it can be easier to get the compensation you deserve than with other vehicle accidents. This is because your personal injury claim will probably never have to go to court. Here is how and why.
The reason you probably will never have to enter a court room is because it should be clear-cut who is at fault in a rear-end collision. This takes away one of the main issues that come up in personal injury cases: establishing liability. Since this is out of the way, all that needs to be figured out is the amount you should receive in damages. The plaintiff (you), the defendant, and your respective lawyers can reach a settlement before you ever would need to go to trial. Your lawyer may even be able to handle the matter with the insurance company, and you would never even have to file a lawsuit.
If you want to file a claim for your rear-end accident, it is possible that you should wait, however. This is because you want to win the full amount you are owed in damages, and you cannot know how much your damages are until you are done or almost done with your medical care, which is called reaching maximum medical improvement (MMI). At that point, you will know the true extent of your injuries, and you will good idea of how much you need in compensation to cover your medical bills. Insurance companies do not want to assess damages until all the information is in. If you have an experienced car accident lawyer on your side, then he or she will know to wait to negotiate settlement details until the defense attorney relates that insurance is prepared to do so.
With a cooperative insurance company, however, you may never have to file a personal injury lawsuit. Your lawyer may be able to negotiate your traffic claim with the insurance company directly. Your attorney can craft a demand package in writing, which will include a demand letter accompanied by bills for and records of your medical treatment. Over the phone, your lawyer and the insurance company can arrive at the settlement that you deserve. If insurance will not cooperate, however, then your lawyer could file a lawsuit. What this lawsuit entails is a negotiation between your lawyer (the plaintiff attorney) and the defense lawyer. Then they would be the parties negotiating the terms of a settlement.
If you file a lawsuit, it is also possible that your case will go through mediation. Some courts may demand this of you in fact. In mediation, you could have a private mediator or a different judge arbitrate your case. All parties involved would come together, joined by the mediator, then the mediator would later speak to the plaintiff and defendant in separate meetings. The goal of mediation is to have a third party arbitrate negotiations, helping both parties to come to a mutually satisfactory resolution. This process can last a few hours, or several days, if successful.
The case is over when you say it is, when you accept the defense's settlement. This is an irrevocable decision in most states. Do not accept a settlement unless you are fully convinced that is what you want to do. Even in straightforward cases, such as claims for a rear-end accident, it is important to find a legal advocate whom you can fully trust. With the right car accident lawyer on your side, you can walk away with the compensation that you truly deserve. If you have any questions about your claim, do not hesitate to contact an experienced car accident attorney today!