Our MVA attorney in Indianapolis, IN often receives calls from accident victims wondering whether they have a valid claim after being injured by an at-fault driver. Perhaps you have been left with thousands of dollars in bills and are unsure of how they will be paid. You might have lost your job because you are unable to work or carry out your duties as a result of the injury. An MVA attorney that Indianapolis, IN car accident victims, turn to can listen to what happened and help you to understand what options may be available. Contact Ward & Ward Law Firm today so that we may begin helping you with your car accident case.
Understanding Car Accident Claims
When it comes to a car accident case, most people think that they will have to file a lawsuit and present it before a judge and jury. This is not true. Before a lawsuit is filed in the state of Indiana, our MVA attorney in Indianapolis, IN recommends that the plaintiff first file a claim with the defendants’ insurance company. For example, if you were injured in a motor vehicle accident at the hands of a negligent driver, the most appropriate place to start will be through negotiations with the insurance company.
This would involve you, or your attorney at Ward & Ward Law Firm, filing a claim with the insurance company and notifying them of a possible lawsuit in the event of a settlement not being reached. After the claim is filed, and all medical treatment has been completed, your Indianapolis, Indiana MVA attorney can request your medical records and bills to determine the extent of damages. If the defendant did not have insurance or was underinsured, you may be able to file an uninsured or underinsured motorist claim with your own insurance company.
Putting Together a Demand Package
You don’t necessarily need to complete medical treatment in order to file a claim against a negligent driver. Our MVA attorney can work with you to initiate the claims process and gather all relevant evidence that pertains to your accident. While in some cases, you may require ongoing treatment, our attorneys can work to value the extent of your damages. An MVA attorney at Ward & Ward Law Firm will draft a letter of demand which lays out the total amount of losses. This package is sent to the claims adjuster along with an introduction to the case and a demand for settlement. It is possible for your attorney to demand up to the insurance policy’s limits; however, it largely depends on the circumstances of your case.
Negotiating Your Settlement
If the defendants’ insurance company assumes liability, once the adjuster reviews the case, you will likely receive a settlement offer. This initial offer is to, in a sense, get the ball rolling. Typically, this first offer will be much less than you need or deserve. After, your MVA attorney in Indianapolis, IN will counter the offer with something more reasonable. This back and forth communication is made until a settlement is met or one cannot be met – known as an impasse. In this case, the process for a lawsuit and trial may be the most appropriate next step. Bear in mind that just because a lawsuit is filed does not mean your case will go to trial. Often, a settlement will be reached during the proceedings – even on the steps of the courthouse!
To find out more about your rights and legal options, call a car accident attorney Indianapolis, IN from Ward & Ward Law Firm. Our trusted MVA attorney from Indianapolis, IN will listen to what happened, and help you to understand what you should do next.