The litigation process after a car accident can be long and enduring. Typically, you initiate settlement negotiations, which allows you to work with the insurance company toward fair compensation. If the at-fault party refuses to negotiate, you can then file a lawsuit.
However, just because your case is now in the court’s hands doesn’t mean you’ll just be handed a settlement. You have to make sure you don’t make errors that can diminish or dismiss your car accident settlement. Aurora auto accident attorneys can help make sure you avoid making these common mistakes when filing a lawsuit.
Not Getting Legal Help
Trying to handle a car accident lawsuit on your own can be a daunting task. It’s important to seek out professional legal advice when filing such a claim, as an educated lawyer will have the knowledge and resources to ensure you get the best possible outcome for your case. Car accident lawyers are both knowledgeable and experienced in all the laws relating to a vehicular accident.
Settling Too Fast
Before you make any decisions, it’s important to take your time and weigh all of your options. Don’t settle too quickly, as this could mean not receiving enough compensation for your injuries and damages.
Not Getting Medical Help
Another important factor when filing a car accident lawsuit is making sure to take care of your medical needs. If you don’t seek out the proper medical attention, it can be difficult to prove that the other party was responsible for your injuries. Keep track of all medical expenses as this could help you get the compensation you deserve.
Not Being Prepared For Court
The last thing you want to do is show up in court unprepared. Make sure to put together all of your documents and evidence that support your claim, and practice what you are going to say before the court hearing. This will help ensure that you present the strongest possible case for yourself.
Providing a Recorded Statement
If the other party’s insurer requests a recorded statement, always decline. Let your attorney speak for you so that the insurer doesn’t use your statement against you.
How Car Lawsuits Proceed
Car accident lawsuits can become a complicated and lengthy process. Here are some of the basic steps of filing a suit:
Filing a Complaint
You will have to file a complaint against the other party, which outlines the injuries and damages for which you are seeking compensation. After this, the defendant will have to respond to your complaint by either admitting or denying liability.
Discovery Process
When you undergo the discovery process, both parties and their attorneys can gather evidence related to the case. This includes deposing witnesses, collecting medical records and other documents, and interviewing experts.
Negotiation
After the discovery process is complete, negotiations may begin to reach a settlement agreement. If an agreement cannot be reached through this method, the case will proceed to trial.
Trial
During a trial, each side will present its case before a judge or jury to prove liability. After hearing both sides of the argument, the court will decide who was at fault for the car accident and how much compensation should be granted.
Appeal
If either party is not satisfied with the court’s decision, they have the option to appeal. This will involve filing a motion for an appeal and presenting additional evidence to try and convince the court to change its ruling. If successful, then the court will reverse its previous decision and grant a new ruling.
Alternative to a Car Accident Lawsuit Is a Settlement
In some cases, filing a car accident lawsuit may not be necessary. An alternative is to file an insurance claim and reach a settlement.
How a Settlement Works
A settlement is an agreement between two parties in which one party agrees to pay the other for damages that have been incurred as a result of an accident. This can be done without having to go through the full legal process of filing a lawsuit.
Benefits of a Settlement
Settlements are often quicker and less expensive than traditional lawsuits, so it’s important to consider this option before proceeding with legal action. Additionally, both parties must agree on the settlement amount before any funds will change hands, which helps reduce potential conflicts from arising in the future.
Finding Out Whether a Settlement Claim Is Right for You
Each situation is unique and requires careful consideration to decide whether a lawsuit or settlement is the best way to proceed. Consulting an experienced lawyer can help ensure that you are making the right decision and getting the compensation you deserve.
Damages I Can Claim In a Car Accident Case
If you are the victim of a car accident, you may be entitled to various forms of compensation for the damages you have suffered.
Economic Damages
These types of damages are intended to make up for the losses that were incurred due to the accident. Examples of compensatory damages include medical bills, lost wages, and property damage.
Pain and Suffering
Pain and suffering damages are meant to compensate the plaintiff for any emotional or physical pain they experienced as a result of the accident. These damages may be awarded when the accident has caused lasting bodily injury, disfigurement, and mental anguish such as depression or anxiety.
Wrongful Death
If a loved one died as a result of an auto accident, you can seek compensation for their wrongful death. This is intended to cover medical bills and other expenses incurred due to your loss, as well as provide financial support for those who relied on them financially.
Car accident lawsuits can be lengthy processes that require a lot of preparation and legal knowledge. It’s important to gather evidence, seek professional legal advice, take your time when negotiating settlements, take care of your medical needs, and prepare thoroughly for any court hearings. Doing so can help ensure you receive the best possible outcome for your case.
