You're driving home on I-95 when suddenly, another driver hits your vehicle. After the crash, you're left with painful injuries, mounting medical bills, and a lot of questions about what comes next.
If you have injuries from a car accident caused by someone else's negligence, you may be entitled to compensation for your losses. The car accident lawyers at Kirshenbaum & Kirshenbaum Attorneys at Law guide clients through every step of their case, fighting for the maximum compensation they deserve.
What to Do Right After a Car Accident
In the moments after a crash, your priority should be seeking medical attention for yourself and anyone else injured. Call 911 to report the accident and request an ambulance if needed. If you can, take photos of the scene, collect witness contact information, and exchange insurance details with the other driver.
Even if your injuries seem minor, getting a medical evaluation as soon as possible is crucial. Some car accident injuries, like whiplash, may not be noticeable at first but can cause significant pain and complications later. Prompt medical treatment also documents the link between the crash and your injuries.
Filing an Insurance Claim
Rhode Island follows a fault-based system for car accident claims, so the at-fault driver's insurance company is responsible for compensating injury victims. First, you must file a claim with the other driver's insurer.
Be cautious when communicating with the insurance adjuster. They may try to get you to make a recorded statement or accept a lowball settlement offer before you understand the full extent of your injuries and losses. A skilled car accident lawyer can handle these conversations. They’ll protect your rights and fight for fair compensation.
The Investigation Phase
Once you hire an attorney, they'll investigate your case to gather evidence of the other driver's negligence:
- Review the police accident report
- Interview witnesses
- Analyze photos and videos from the scene
- Consult with accident reconstruction experts
- Examine the other driver's history for past incidents
Your lawyer will also collect documentation of your injuries and losses, including medical records, bills, and proof of missed work. This evidence forms the foundation of your car accident claim.
Negotiating with the Insurance Company
After thoroughly investigating your case, your attorney will typically submit a demand letter to the at-fault driver's insurance company. This letter outlines your injuries, losses, and the compensation you're seeking.
The insurance company will likely respond with a counteroffer, launching a negotiation process. Your lawyer will advocate for a fair settlement that accounts for your current and future needs. Most Rhode Island car accident cases are resolved through these out-of-court negotiations.
Filing a Lawsuit
If the insurance company refuses to offer a reasonable settlement, your attorney may recommend filing a personal injury lawsuit. This must be done within three years of the accident date to comply with Rhode Island's statute of limitations.
Filing a lawsuit doesn't necessarily mean your case will go to trial. Often, filing is enough to prompt the insurance company to increase their settlement offer. Your car accident lawyer will advise whether the offer is fair or if you should proceed towards trial.
Going to Trial
If your case ends up in court, your attorney will present evidence, call witnesses, and argue your case before a judge and jury. The jury will then deliberate and decide on a verdict and compensation award.
It's important to note that trials can be lengthy and unpredictable. However, having a seasoned litigator by your side can make all the difference in securing a favorable outcome.
Getting Your Compensation
Once the parties reach a settlement or verdict, your attorney will work to collect your compensation quickly. Additionally, they'll negotiate with medical providers to reduce your bills, address any liens on your settlement, and ensure the correct processing of court judgments.
From there, your lawyer will deduct legal fees and case expenses from the award and issue you a check for the remainder. While resolving a car accident claim can be complicated, having an experienced Rhode Island car accident attorney by your side ensures your rights are protected every step of the way. If you've been hurt in a crash, the lawyers at Kirshenbaum & Kirshenbaum Attorneys at Law are here to discuss your case.