Reasons to File a Car Accident Lawsuit
After a car accident, your first thought may not be to file a lawsuit but that may become necessary depending on how your case progresses. A lawsuit may end up being the only way that you can get compensation for any expenses caused by the accident, such as medical bills, repair bills, lost wages, as well as non-economic damages like pain and suffering.
Most personal injury cases get resolved before a lawsuit becomes necessary but if you end up in a situation where a lawsuit is your only option, then you will need the help and guidance of an experienced personal injury attorney.
That is because a lawyer gives you the best chance of getting the compensation you need to cover those expenses, and they can guide you through the process so that a lawsuit is never needed. But if you do end up filing a lawsuit, then they can help you with that as well.
When You Need to File a Car Accident Lawsuit
In general car accident lawsuits are rarely necessary since the case is likely to be resolved before it gets to that stage. However, there are some scenarios where you may have no choice but to pursue a lawsuit. Whether you end up pursuing a lawsuit or not, you should make sure to hire experienced car accident attorneys to represent you. It is during the negotiating process that you will find out if you need to file a lawsuit.
The Settlement Offer is Too Low
During the negotiating stage, your attorney will gather evidence to prove that the other driver was at fault for the accident. They will also collect your medical bills, repair bills, and other expenses to calculate how much compensation you will need. This is called a demand package and they will then send it to the insurance company of the negligent driver.
In most cases, they will accept the terms and pay the amount requested, but in other cases, the insurance company will make a counter-offer. If the counter-offer is too low and the insurance company refuses to offer you an acceptable settlement amount, then a car accident lawsuit may be your only option if you want to get the compensation that you deserve.
The Insurance Company Rejects Your Settlement Offer
Some insurance companies will not even attempt to negotiate with a counter-offer to your initial settlement request. Instead they will simply reject it and refuse to pay. If that happens, then a lawsuit is inevitable because that will be the only way that you can get the compensation that you need.
What Happens After a Lawsuit is Filed?
Once a lawsuit has been filed, both sides enter the discovery stage of the process. This is where they examine the evidence the other side has collected so that they can formulate a strategy to counter it. After that is over, both parties enter mediation, which is when they attempt to resolve the case with the help of a neutral third party. If the case does not get resolved here, then it heads to trial, though personal injury cases rarely end up there. Most personal injury cases are resolved much earlier so a trial is far from inevitable.
A Personal Injury Attorney Can Help You with Your Car Accident Lawsuit
If you do end up filing a car accident lawsuit, then you will need the assured guidance of an experienced personal injury attorney to help you. They will put together the demand package to send to the insurance company and they will help you negotiate with them to come up with a reasonable offer. And should a lawsuit become necessary, they will represent you to the fullest of their ability. So make sure to contact a personal injury attorney if you plan to file a car accident lawsuit because they will give you the best chance of success.