When you are involved in a car accident, and you believe that it was caused by the other driver’s negligence, you are entitled to get compensation from them. There are two options that you can consider to recover damages from the at-fault driver. The first one is to negotiate with the insurance company and settle the case out of court. A personal injury lawsuit is the other way that can help you recover damages for financial expenses, pain, and suffering caused by the accident. You should consider different things to determine if it is worth suing the driver after a car accident. Here are some of the elements that you should know about before you file a lawsuit.
Should You Sue After a Car Accident?
One thing that you should know when you are involved in an accident is that not every crash requires a lawsuit. In some instances, suing the other party might not be necessary if the other person has auto insurance. The insurance company will compensate you for the costs of repairing the damaged car and cover your medical expenses. Cases of car crashes are very common, and they are usually resolved before they go to court. Insurance companies usually avoid the court process, since it can be complicated.
However, if the other motorist has no insurance, you may have no choice but to file a lawsuit. The other challenge with suing people without auto insurance is that they may not have any assets. Even if you win your case, another party might not have the money to compensate you. If you want to make an informed decision about suing the other motorist or not, there are different factors that you should consider.
Seek Medical Treatment
When you are involved in an accident, you should seek medical treatment. A doctor will evaluate your injuries and write a medical report that will be used to determine your compensation claim. You should also obtain a police report after a car crash. These two documents are critical since they help you to determine if it is worth suing the other driver, or if you can settle the issue out of court. When it comes to filing a lawsuit against the other party, there are different factors that you should consider like the laws in your state and the insurance coverage of the other motorist.
Determine Liability
Whether you want to sue the other driver or not, you must prove liability first. If you contribute to the accident, suing the other party at fault might not be in your best interest. You should consult a lawyer to help you prove fault in an accident. To achieve this, you must demonstrate that the other motorist was negligent on the road. The laws differ concerning the awards that you can get depending on your injuries.
Negotiating with the Insurance Company
Before you think of suing the other driver whom you think caused the accident, it is a good idea to try to solve the issue with their insurance company. Cases of car crashes are usually settled before they go to court, so you can save yourself the hassle of filing a lawsuit. However, when you negotiate with the insurance company, you must know your rights since the insurers may offer you little settlement that does not cover your expenses. If you negotiate with the insurance company and they are still not covering your expenses, the last option is to file a lawsuit against another driver. The other thing that you should anticipate is that the at-fault individual might not have insurance coverage. In such a situation, you can sue the driver personally, but the chances of recovering satisfactory damages might be slim.
Consult Your Accident Attorney
When you realize that the insurance companies are not cooperating, you need to schedule a consultation with an accident attorney. You must present all documentation that includes medical records, police reports, and other supporting details that prove your damages. Your lawyer will review the documentation you provide to determine if the case is worth taking to court or not. Suing the other driver might not be the best decision if your attorney feels that you have a weak case.
Your accident lawyer can decide to file a lawsuit to help you recover the damages that you deserve if you have a strong case against the at-fault driver. You can decide to sue when the settlement offered by the insurance company or the driver is too low. At times, insurance companies may offer little compensation that may not cover your damages. For instance, your medical bills may be too high, and the settlement that you are offered can hardly cover them. With the help of your accident attorney, you should file a lawsuit to recover the benefits that you deserve.
What you Should Expect From a Lawsuit?
During a lawsuit, you should prove the severity of your injuries, and other damages suffered. You must also expect to go through critical cross-examination by the legal team representing the defendant. The process can be grueling and invasive, but you need to be ready for it when you decide to file a lawsuit at court. The attorney representing the defendant will try to prove that their client was not at fault when the crash happened. On the other hand, you must be ready to present strong evidence to the court. If your supporting documents are clear, the court can make a decision quickly and your chances of getting a better settlement will be high.
It is not easy to decide whether to sue someone or not after a car accident. Cases of car accidents are usually settled before they go to court. However, if you disagree with the insurance company representing the other driver or they have no policy, you have no other choice besides filing a lawsuit. It is essential to seek legal advice from an experienced attorney when you decide to sue another driver for causing an accident. You should also remember that the process of filing a lawsuit is time-consuming, and it also involves various things.
