How Does a Car Accident Claim Work When You’re Injured?

In our everyday lives, we focus on what to eat for breakfast, what needs to be done at work, when to pick up the kids from school, and other everyday errands and tasks. So, when you’re left injured from a car accident, it can be a shocking experience. With medical bills beginning to pile up, you may also be losing money from missing out on work. It can be difficult to know where to start when considering how to recuperate your losses, but with the help of a Nashville car accident attorney from Rocky McElhaney Law Firm, the legal process to get you the compensation you deserve becomes a lot smoother.

You’ve been in a car accident; now what?

Right after a car accident, it’s important to stay as calm as possible. First, check yourself and others for injuries. If anyone is hurt, call for emergency help immediately. If you don’t need emergency help, then call the police and report the accident. If possible, move the car to the side of the road, and turn on your hazard lights. Once that’s done:

• Exchange contact information with the other driver, and get their insurance info, too.
• Take photos of the accident scene, including the inside and outside of your car, the street signs, any debris on the road, and any photos of the people involved.
• Give your statement to the police when they arrive.
• Make an appointment with your doctor or proceed immediately to the hospital or an urgent care to get checked out.
• Call Rocky McElhaney Law Firm and tell us what happened, so one of our Nashville injury lawyers can help you.

I hired a Nashville car accident lawyer. What happens next?

Now that you’ve called one of our Nashville car accident lawyers, all you need to do is collect all your medical records (bills, receipts, and any other documents concerning your medical treatment), and details about how the accident affected your work (pay stubs, work schedules, and any information about missed work-days due to the accident) and send it our way. We handle all the heavy lifting from here, so you can focus on getting well.

Now that we’re (literally) on the case, here’s generally how it should proceed:

• We review your insurance policy and documentation: First, we look at all that documentation you sent us, and review the insurance policies of the other people involved. This is important because if you’re hit by an uninsured or underinsured driver, we may need to file a claim through your policy instead.
• We send a demand letter: Next, we send a demand letter to the insurance company, explaining the details of your case and the compensation you’re seeking. This is why we asked for your receipts; we use them as proof that you are injured.
• We start negotiations: Your lawyer and the insurance company’s lawyers negotiate. We discuss the evidence, facts, and try to reach a fair settlement. The other party’s insurance company may attempt to minimize their liability and argue for a lower settlement amount. Negotiations can involve multiple rounds of discussions, and each party may make counter-offers until an agreement is reached or a decision is made to proceed to trial.

During this process, we may send investigators to the accident scene to take pictures, gather information, and talk to witnesses. We’ll also obtain and review important documents that you might not have had when you first met with us, such as updated medical records, police reports, and any available surveillance footage. In gathering all this evidence, it helps us to better understand the details of your case, assess liability, and build a solid foundation for negotiations and possible court proceedings. Our goal is to ensure that all relevant evidence is collected and presented effectively, increasing the likelihood of securing you the compensation you deserve.

What happens if we can’t reach a settlement for my car accident?

If a fair settlement for your car accident can’t be reached, we file a lawsuit against the person/people responsible for the accident. This means filing the complaint, waiting on the answer from the defense team, dealing with any amendments to the original complaint, and scheduling hearings with the court. It also means going through a legal process where both sides share information and evidence, called discovery. We point this out, because there can be a lot of “hurry up and wait” before an actual trial begins. (Often, cases get settled during this stage before going to trial.) But if we do end up in court, a judge or jury will decide the outcome based on the evidence presented.

How long will my car accident claim take?

The duration of a car accident claim can vary widely depending on several factors. Simple cases with clear liability and minor injuries might be resolved relatively quickly, often within a few months. However, more complex cases involving severe injuries, disputed liability, or extensive negotiations can take much longer—potentially a year or more. The timeline is influenced by factors such as how much medical treatment you need, clear communication between parties, the complexity of the legal issues involved, and the caseload of the court if a lawsuit is filed. It might not be easy, but it’s important to be patient and realistic about the time it may take to reach a resolution, as thoroughness in handling the claim is necessary for obtaining the fair compensation you deserve.

Throughout all of this, our Nashville car accident lawyers at Rocky McElhaney Law Firm will be by your side, guiding you through the options, helping you make informed choices, and doing our best to get a resolution that’s fair for you. If you’ve been in a car accident, and you are unsure of what to do next, reach out to us and we will help you. Whether that means agreeing to a settlement or taking things to court, we work to make sure you receive the compensation you deserve. To schedule a free consultation, call our office or submit our contact form. We operate offices in Nashville, Hendersonville, or Clarksville and serve all of Middle Tennessee.