What to Do to File a Lawsuit After Car Accident Crash
We spend so much time behind the wheels of our automobiles that we often forget how much risk we put ourselves at just by getting on the open road. Accidents are a common occurrence. So common that we’re all likely to be in at least one accident during our lifetimes.
It’s not a question of if but when.
You have a right to compensation under the law if you’ve been injured in an accident due to another driver’s negligence. 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 can 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 enough insurance coverage to cover all the damages you’ve taken due to the incident. In this situation, you’ll need to bring a lawsuit against the individual to ensure you get the total compensation you need.
Even if the driver has an insurance plan that will provide the compensation you need, there isn’t always a guarantee that you’ll get it. Insurance companies stay in business by fighting payouts 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 deserve. If this is the situation 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 possible 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 necessary.
Some attorneys may look at the particulars of your case and suggest you start a lawsuit right away instead of 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 file as close to home as possible, you’ll want to file as close to the location of the accident as possible.
That means if you got into an accident while traveling outside your state, you’d 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. Some restrictions 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 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 accident scene will be a key piece of evidence and any video footage of the accident occurring.
As this evidence comes together, both sides will build their strategies, and the case’s overall shape will become clearer. There will be opportunities for a settlement to be pursued.
A settlement would be an agreement to a compensation package from both sides before the case goes to court. It’s advantageous for both parties to avoid the courtroom because it can take much 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 you deserve.
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