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In the aftermath of an auto accident, it's common to feel shaken and uncertain. But prompt action will ensure you are legally protected and have the necessary information to file a personal injury claim. Below, learn about the general steps of filing a claim.

6 Steps for Filing a Personal Injury Claim

1. Seek Medical Attention

auto accidentsAlways get checked out by medical professionals, even if you don't think you were injured. Remember that some injuries, such as whiplash and traumatic brain injuries, may not show immediate symptoms, so keep close tabs on your health and see a doctor if any issues arise in the following days or weeks.

Describe your injuries in detail to all attending medical personnel so they generate a specific report, which will come in handy when you file a claim.

2. Gather Evidence

Request copies of the police report and all medical records, take photos of the accident scene and injuries sustained, and get contact information for any eyewitnesses to the incident. Also, collect the contact information for all other drivers and passengers involved, as well as the makes, models, license plate numbers, and vehicle identification numbers of other vehicles.

3. Contact Your Insurance Company

Report the accident to your insurer. Tell them exactly what happened, but don't hypothesize or take the blame. Stick to the facts. Your insurer will open a claim and attempt to get compensation from the other driver. If the other driver's insurer contacts you, politely decline to give them any kind of statement until you've spoken with a lawyer.

4. Hire an Attorney

Without legal representation to advocate for you, insurers may offer you an unfair settlement. An attorney will communicate with all insurance companies and other parties involved in the accident. They will conduct an investigation into the crash, assign a dollar value to your injuries, and submit a settlement demand to the other party.

5. File a Lawsuit

If the other party refuses the settlement demand, or settlement negotiations cannot arrive at a mutually agreeable number, you will need to file a lawsuit. Lawsuits involve a process of discovery, in which both sides share information and depose witnesses, followed by a mediation in which settlement negotiations resume. Most cases are resolved at this stage, but some will proceed to trial.

6. Go to Trial

At trial, both sides will present their cases to a judge or jury, who will then render a decision. The non-winning side has a right to appeal that decision. There is no set timeline for auto accident cases—each one is different. Straightforward claims can take several months, and more complicated ones could take a year or more.

 

When you're ready to hire an attorney in an auto accident claim, contact Coyne, Cundiff & Hillemann, P.C. They have more than 100 years of combined experience serving the St. Louis, MO, area. They offer representation in personal and work injury claims, family law cases, and other legal issues. Call (636) 561-5599 or visit them online to learn more about their services and schedule a consultation.

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