The process of filing a personal injury claim for a car accident can be stressful. However, it can be rewarding. A plaintiff receives compensation in the form of a car accident settlement if they win their case.
Nevertheless, the trial process can be expensive especially if you are injured and out of work due to the accident. You may have pending bills and rents to pay up. In this case, it is advisable to get a car accident loan while pursuing the car accident settlement. This will enable you to offset bills before your settlement arrives.
What is a Car Accident Loan
A car accident loan is basically a cash advance against any probable case settlement. This means that car accident loans depend on a settlement taking place. This legal loan is granted by a funding company and upon your settlement, it’ll be deducted.
Several companies can offer you a car accident lawsuit loan to stay afloat before you are awarded your settlement. Your accident lawyer can continue to battle for your car accident settlement while you receive the cash relief you urgently need. If no settlement is reached, you are not obligated to pay back the lawsuit loan.
Before settlement is reached, there are certain procedures to be followed. The procedures leading up to the trial often occur in a specific order.
1. Go for a Check-up
If you sustained an injury in a car accident, you should immediately go to the nearest emergency hospital or urgent care center. Your physical safety is more important than anything else. Under no circumstances should you think of proceeding to the next step without this.
If you cannot see any external injuries, go for an injury examination. You might not be aware that you have internal wounds! Delaying treatment for serious injuries, even for a few hours, may worsen them.
Some injuries, such as bleeding inside the skull, may not seem painful initially. But delaying receiving a fast assessment and treatment from a medical professional could result in a permanent disability. Also, a medical proof of your injury can also help you secure a personal injury loan. It proves to the lawsuit loan company that you were truly hurt.
In addition, this could have an impact on the outcome of your lawsuit. You will have a record in your medical information that you sought medical attention quickly after the accident.
You can defend yourself if the defendant claims that your injuries were caused by something other than a vehicle accident.
Not to mention that insurance adjusters will always find a reason not to pay; don’t let your situation be one of them.
2. Notify Your Automobile Insurance Company of Your Injuries
The sooner you notify your car insurance company of the accident, the better. In most circumstances, you should finish this step within 24 hours following the accident. As a matter of fact, if you are feeling well enough, contact them from the waiting room while you wait to be examined–even if it is late at night.
Many large insurance companies keep phone lines open 24 hours a day, seven days a week. So you can file a claim as soon as the accident occurs.
Many insurance companies also have online claim sites where you can submit a claim using your phone or computer. Ensure you inform them that you were in an accident and were injured shortly after the event. To make your claim firm, snap pictures and send them via the portal.
3. Demand Letter
Sometimes, your injuries are severe enough to necessitate more than a single visit to the emergency ward. In this case, you should consult with a car accident lawyer. Your lawyer will help you determine the extent of your financial losses due to the collision.
Your personal injury attorney should be able to put up a settlement, demanding a certain amount of money from your insurance company. The insurance company will normally negotiate with the lawyer to get a final settlement. If the final figure is fair and acceptable, you can determine whether or not to accept it. If you do, a settlement agreement and release are signed, and the case is closed. You are not required to go on to the next step after this.
4. Initiate a Lawsuit
If your lawyer and the insurance company cannot reach an agreement, move to the next step. File a lawsuit against the other motorist or anybody you believe is responsible for your injuries. You may want to consider a cheap settlement because of the cost of a lawsuit. However, it’s better to apply for a lawsuit settlement loan. A lawsuit loan provides the needed funds so you can go through the whole trail.
Your lawyer will draft and file a “Petition.” The petition will describe the fundamental facts of the case and that you are suing the defendant for damages.
You will receive a summon from the court. The court will read the petition to the defendant and inform him when and where he must reply to your petition. If the defendant fails to reply to the action, you will receive a default judgment in your favor. The defendant will be required to pay you. If that occurs, your case is closed. However, this rarely happens, mostly when the defendant is under insurance. The defendant may file an answer.
5. Written Discovery
If the defendant files an answer, your attorney and the defendant’s attorney will conduct written discovery. The lawyers request and provide case-related papers. This will include information they intend to offer to the judge or jury if a trial is held. You will almost always be required to offer written replies that you must certify as true under oath. These are known as interrogatories.
The attorneys also take depositions from the parties involved in the accidents. As well as witnesses, if a trial is necessary. The judge is normally not present during the depositions, usually at one of the attorneys’ offices. The oath will be administered by a court reporter who will also record the deposition’s questions, responses, and objections.
This turns into a deposition transcript that is later admissible at trial. The deposition provides the attorney with a roadmap of the testimony the parties will deliver in response to specific questions from the jury during the trial. The lawyer may impeach one of the parties if they alter their testimony and make claims that differ from those made in their deposition.
The judge typically orders the parties to engage in mediation before proceeding to trial. Mediation is an informal bargaining process facilitated by a trained mediator (who, most of the time, is an attorney).
The parties likely settle their dispute via mediation. If this happens, your lawsuit would be resolved, and you would receive the settlement sum. But if it doesn’t end this way, prepare for the trial.
Your attorney may submit motions in limine. These are pleas to the judge to prevent the defendant from presenting particular pieces of evidence they presented during discovery before the trial.
Your car accident attorney will explain why a particular piece of evidence should not be presented in court. The law contains numerous justifications for why evidence may not be admitted in court.
9. Jury Selection
The jury selection takes place during the voir dire procedure, which is the first trial stage. One of the most crucial phases of a trial is selecting the jury. The plaintiff’s and defendant’s counsel has to ensure they have a fair and impartial jury pool that will give their client a fair chance and is not already biased in any manner. Thus, the court and the attorneys for the parties collaborate to select impartial jurors.
10. Claim Your Money
If a jury decides in your favor and awards you damages after hearing all the evidence in the case, the judge will sign an order directing the defendant to compensate you for your losses.
The next stage is to utilize the money the court has granted you for the things you need and want. But you will have to pay your lawyer a portion and might have debts (like medical expenses) that must be settled using the damage judgment.
There is a possibility of settling without going to court. But if the opposite party does not cooperate, follow the steps in this article and claim your settlement. Personal injury loans are essential, and this cannot be emphasized enough. You need the loan! It’s a complete loss if you don’t obtain it while bringing a lawsuit, and the judge rules against you.