We spend so much time behind the wheels of our automobiles that we often forget just how much risk we really put ourselves in just by getting on the open road. Accidents are a common occurrence. So common, in fact, that we’re all likely to be in at least one accident during our lifetimes.
It’s not a question of if but when.
If you’ve been injured in an accident due to the negligence of another driver, you have a right to compensation under the law. It’s important that you file a lawsuit after a car accident and get the money you need to cover your medical bills, lost wages, and so forth.
How do you need to go about this process? Read on and we’ll walk you through everything that you need to know.
When to File a Lawsuit
The idea is that following an accident with another driver, you will be able to put a claim through their insurance company and receive the compensation you need through that outlet. Unfortunately, it is not always as simple as this.
In some instances, it might be revealed that the driver does not have insurance coverage high enough to cover all the damages that you’ve taken on as a result of the incident. In this situation, you’ll need to bring a lawsuit forward against the individual to ensure that you get the total compensation that you need.
Even if the driver has an insurance plan in place that will provide the compensation that you need, there isn’t always a guarantee that you’ll get it. Insurance companies stay in business by fighting pay-outs with a team of skilled lawyers.
There’s a very good chance that the insurance company will attempt to force you into a situation where you accept a compensation package that is far lower than what you really deserve. If this is the situation that you find yourself in, you’ll need to bring a lawsuit forward and fight for the total that you truly need to return to normalcy following an accident.
It’s always a good idea to speak with a car accident attorney or lyft accident attorney as soon as you can following an accident. Even if you’re not yet planning, on bringing a lawsuit forward, you can get your case in front of a professional and create a relationship you can lean on later if need be.
Some attorneys may look at the particulars of your case and suggest you start a lawsuit right away as opposed to waiting to go through the regular channels.
Where to File Suit
If you are planning on bringing an auto accident lawsuit forward, where do you need to file it? While it can be tempting to want to file as close to home as possible, you’ll really want to file as close to the location of the accident as possible.
That means if you got into an accident while traveling outside of your own state, you’ll actually want to file a lawsuit in that state and not your own. There are some specific instances, based on local laws, where filing in a different country or district may be applicable. For the most part, the location of the crash will guide the filing location.
Most of the time, car accident cases will be filed locally and not at a federal level. There are restrictions in place that prevent too many auto accident cases from operating at that level. An accident must be between two citizens of different states with damages of more than $75,000 at hand before it can be considered a federal case.
Filing in some districts as opposed to others might be more advantageous for your case. Your auto accident attorney should be able to help you navigate this decision and ensure you file in the best place for you.
How a Car Accident Lawsuit Proceeds
How does a car accident lawsuit work once all the paperwork is in place? Much like any other court case.
The defendant will hire an attorney of their own and a period of discovery will begin. This is where both sides of the lawsuit gather and share evidence related to the case. Any and all photos you’ve taken at the scene of the accident will be important here, as well as any witness testimonies you may have access to.
The police report from the scene of the accident will be a key piece of evidence, as well as any video footage that might exist of the accident occurring.
As this evidence comes together, both sides will begin to build their strategies and the overall shape of the case will become more clear. There will be opportunities for a settlement to be pursued.
A settlement would be an agreement to a compensation package from both sides prior to the case going to court. It’s advantageous for both parties to avoid the courtroom because it can take a great deal of time and money.
However, if the two sides of the lawsuit simply can’t see eye to eye on a proper compensation package, the case will proceed to court and a judge will make the final decision based on the evidence presented.
How to File a Lawsuit After Car Accident
Being in a car accident can be shocking and terrifying. If you don’t think you’ll get the compensation you deserve through a driver’s insurance company, it’s important that you understand how to file a lawsuit. Filing a lawsuit after a car accident is one way to ensure you get the compensation that you deserve.
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