by Taylor A. Nettleford Esq.

Getting into a car accident can be frightening, traumatic and potentially life-changing. It can touch every aspect of your life. Not having regular access to a car can make getting to work impossible, if not just more expensive. Injuries from the collision can make once painless and simple activities daunting and painful. Picking up your child to change their diaper, sitting down in a car for your daily commute, or even lying down to go to bed can become burdensome. When you add in fighting with insurance companies to get your vehicle fixed and negotiating to get a fair settlement, the entire process can feel extremely overwhelming. Enlisting the aid of an attorney who knows how insurance companies work can be a game-changer and ease the stress of navigating the claim process.

There are several stages in a motor vehicle injury claim. When working with a law firm, you may hear these referred to as the pre-litigation stage, the negotiation stage and the litigation stage.

Pre-litigation
The pre-litigation stage takes place at the beginning and has many subcategories. For example, claims need to be opened, police reports need to be requested and treatment needs to begin. Having an attorney can streamline this process. Attorneys and their team of paralegals and case managers know where to request the documents and are experienced in communicating with insurance adjusters.

Insurance adjusters for the at-fault vehicle are looking for any opportunity to devalue your case. Attorneys bridge the gap and can speak to the adjusters for you.

Additionally, attorneys can begin investigating as soon as they are retained. They may request 911 call audio or body-worn camera footage—both of which can be critical during the investigation stage, especially when the facts of the incident are in dispute or liability is unclear.

Another key step in the pre-litigation stage is preparing the demand package, which involves gathering all related medical records and corresponding bills. This process can be surprisingly complex; in large hospital systems, the billing department may be entirely separate from the medical records department, making it difficult to track down the right contact. Hiring an attorney can help streamline this process and ensure nothing is missed.

Negotiation
One of the greatest advantages of having an attorney is their support during the negotiation stage. Many attorneys are trained in negotiation techniques and know how to present the details of your collision in a compelling and persuasive manner. They also work to build a comprehensive case that highlights every aspect of how the incident has affected your life.

While there may not be a specific dollar amount assigned to challenges like juggling childcare, attending physical therapy appointments and maintaining a full-time job, an attorney will factor these real-life impacts into negotiations to help secure a more favorable settlement offer.

Litigation
Sometimes, negotiations don’t result in the outcome a client is hoping for. Insurance adjusters may offer an insufficient settlement, or there may be disputes over liability. In these cases, the claim may move into the early stages of litigation.

The litigation stage begins when a lawsuit is filed against the at-fault driver and their insurance company. At this point, having an attorney becomes especially valuable. Your attorney will continue to advocate for you and negotiate on your behalf, all the way to the courtroom if necessary.

Litigation involves several complex steps, including discovery requests, filing deadlines, legal motions, interrogatories and jury selection. An experienced attorney will manage these deadlines, craft persuasive motions and prepare you for trial—ensuring you’re supported every step of the way.

Having an attorney by your side to help navigate the complexities of a motor vehicle injury claim can make all the difference. If you or someone you know has been injured in a collision, consider reaching out to an attorney for guidance and support.