Building a Timeline From Car Accident Scene to Settlement
Car accidents can bring about immediate confusion and uncertainty. When someone is injured in a crash, the process of recovering compensation for their injuries can feel like a long and difficult journey. At Kyle H. Jarzmik Law, I help clients in Atlanta, Georgia, and the surrounding areas through this difficult time.
The process involves several key steps that begin at the scene of the accident and continue through to the eventual settlement or resolution of a personal injury claim. There’s a specific course of action that individuals should follow to protect their rights and work toward a fair settlement.
This timeline provides an overview of the steps involved in the process, from the moment the crash happens to the point when the case reaches a conclusion. Each step serves a purpose, helping to gather the necessary information, build a strong case, and ultimately reach a settlement that reflects the injured person’s needs.
Step 1: At the Scene of the Accident
The first and most important step after a car accident is to secure safety. In Georgia, like other states, it’s vital to check for injuries, both for yourself and others involved. If possible, move to a safe location, but only if you are physically able to do so.
Calling 911 is the next priority, especially if there are injuries or if the crash involves significant damage. When the police arrive, they will document the scene and create a report that could be crucial for any personal injury claim down the road.
In Georgia, the police report is often a key piece of evidence in personal injury cases. It contains essential details such as the parties involved, witness statements, and a basic description of what happened. The police officer may also assign fault, which could be significant for determining liability in the personal injury claim.
It’s also important to gather as much information as possible from the other parties involved in the accident. This includes:
Names and contact information
Insurance information
Vehicle details
Driver’s license numbers
The make and model of the vehicles
Taking photographs of the scene, vehicle damage, and any visible injuries can also be incredibly helpful later.
Step 2: Seeking Medical Attention
After the accident, even if you don’t feel immediately hurt, seeking medical attention is essential. Many personal injuries, such as whiplash or soft tissue injuries, may not become apparent until hours or even days after the crash.
Delaying medical treatment could undermine your claim, as it may be harder to prove that your injuries were caused by the car accident. In Georgia, medical records play a significant role in determining the extent of an injury and its connection to the accident. The sooner you see a doctor or go to the emergency room, the better.
A medical professional will document your injuries, and these records will later be critical in evaluating the damages you may be entitled to. Additionally, following the treatment plan outlined by your doctor is important. Failing to do so could hurt your credibility and make it harder to prove that your injuries were serious.
Step 3: Consulting With a Personal Injury Attorney
Once you’ve received initial medical care, the next logical step is to consult with a personal injury attorney. In Georgia, personal injury attorneys often provide free consultations, so there’s no risk in reaching out.
An attorney can help you understand your legal rights and explain the personal injury claims process in detail. They’ll assess whether or not you have a viable case and help you determine the best course of action moving forward.
Many people who have been in car accidents aren’t familiar with the insurance process or how personal injury claims work. An attorney can explain the types of compensation available and guide you through what can often feel like an overwhelming process. Some key questions to discuss with your attorney include:
What are the possible outcomes of the case?
What are the steps involved in the claims process?
How long do personal injury cases usually take?
What type of compensation might you be entitled to?
Step 4: Investigating the Accident
The next phase involves the gathering of evidence to strengthen the personal injury claim. This includes reviewing the police report, collecting witness statements, and obtaining any video footage of the accident, such as from nearby surveillance cameras or traffic cameras.
In some cases, it may also be necessary to hire accident reconstruction professionals to help clarify the details of the accident. An attorney can assist with the investigation, looking into factors such as road conditions, the weather at the time of the accident, and whether any traffic laws were violated.
In Georgia, an attorney will also review the insurance policies involved to see how they may impact the compensation you can receive. Additionally, if your injuries require ongoing treatment, your attorney may help gather documentation about your medical expenses and any potential future treatments.
Step 5: Filing a Personal Injury Claim
Once the investigation is complete, the next step is to file the personal injury claim with the at-fault party’s insurance company. In Georgia, the insurance process is typically how claims are settled, though it’s important to note that the insurer may try to reduce the amount they offer in compensation.
Your attorney will help you determine the appropriate value of your claim, taking into consideration factors like medical bills, lost wages, pain and suffering, and property damage.
Before filing a claim, you may be asked to sign a statement or provide additional details. Your attorney will guide you through the paperwork and help see that everything is filed properly. It's essential to be thorough and precise at this stage, as small mistakes can delay the process or reduce the overall settlement.
Step 6: Negotiating a Settlement
After the claim is filed, the insurance company will review the evidence and either approve or deny the claim. If the claim is approved, the insurer may offer a settlement. This is the point where negotiation comes into play.
Often, insurance companies initially offer settlements that are lower than what you may be entitled to. In Georgia, the amount of the settlement can vary based on several factors, such as the severity of your injuries, the clarity of the evidence, and the actions of the at-fault party.
Your attorney will negotiate on your behalf to make sure that you receive a fair settlement. The goal is to cover all medical expenses, lost wages, and other costs associated with the accident. In some cases, there may be room for negotiation, especially if the initial offer doesn’t adequately reflect the impact of your injuries.
If both sides can agree on a settlement amount, the process moves to the final stage. However, if the negotiations stall or if the insurance company refuses to offer a fair settlement, you may need to file a lawsuit.
Step 7: Filing a Lawsuit (If Necessary)
If negotiations with the insurance company don’t result in a fair settlement, filing a lawsuit may be necessary. This is when the case moves from settlement discussions to litigation. In Georgia, personal injury lawsuits can take several months, or even years, depending on the intricacy of the case.
During this stage, both parties will engage in discovery, where they exchange evidence and take depositions. The trial process involves presenting evidence and arguments in front of a judge and jury, who will then determine fault and award damages. Many personal injury cases, however, are resolved before reaching trial through further negotiation.
Step 8: Reaching a Settlement or Trial Verdict
Whether through continued negotiations or after a trial, the final step is reaching a resolution. If the case goes to trial, the judge or jury will issue a verdict. However, most personal injury cases in Georgia are settled before they reach trial. A settlement can occur at any point during the lawsuit process.
Once a settlement is reached, either through negotiation or a trial, the case concludes. The compensation will be distributed to cover medical expenses, lost wages, and other damages, with the remaining amount going to the injured party.
Connect With My Firm Today
The path from the scene of a car accident to a settlement is rarely straightforward. I can help make your path easier. My firm serves clients in Atlanta, Georgia, and throughout the state of Georgia, including Fulton, Cobb, Dekalb, Gwinnett, Forsyth, Douglas, Coweta, Carroll County, Lawrenceville, and Cumming. Reach out to Kyle H. Jarzmik Law today to schedule a consultation.