Have you ever been involved in a car accident and the cause was the negligence of the other driver? You qualify to file a car accident lawsuit. The lawsuit allows you to demand compensation for pain experienced, money spent on medical bills, and damages that arose following the accident.
A car accident lawsuit process involves more than making a claim to the negligent driver’s car insurance provider and getting paid for it. It involves a lengthy investigation process of the accident initiated by an attorney and the car insurance company. If you cannot reach an agreement through negotiation, then this calls for a lawsuit and court appearance of both the plaintiff and defendant.
Let us find out how a car accident lawsuit works.
The car accident lawsuit process can take a short or long time in court. However, you can engage Attorneys Lingold & Spencer to give your claim a high chance of winning a favorable settlement through the following processes.
Filing a Personal Injury Claim
A negligent driver is legally liable for all the damages arising from an accident. Car accident claims get filled in circuit courts based on the State where the accident occurred. A car accident lawsuit covers:
- Medical expenses
- Life Job loss
- Mental challenges experienced after an accident
- Vehicle repair costs
- Time and money lost because of the accident
- Disability benefits
- Loss of life enjoyment
However, before you file a car accident lawsuit, it is crucial to inform the defendant’s car insurance company. This is because even after you file your claim in court, it is the responsibility of the insurance company to settle payment for damages caused on behalf of the defendant.
Remember, you should file a car accident claim within a specific time duration as per your State law. Most States give two years maximum from the time of accident occurrence, within which to file a claim. The claim process can puzzle you, and it is only wise to engage a car accident lawyer; for example, Attorneys Lingold & Spencer.
Investigating the Car Accident
After you file a claim, the defendant’s car insurance company begins its accident investigation. Some insurance companies can be complicated since they try to remove blame from their clients. As a result, they can go to the extent of violating your rights to avoid paying you. That’s one of the reasons you should engage an attorney to take up your case and protect you from your rights being violated.
Only make statements or sign documents in the presence and guidance of an attorney. It is the responsibility of your lawyer to protect you from providing any information that the insurance company can use against you in court. When building your case, an attorney conducts investigations of the accident before the insurance company does, including:
- Take clear photos of the accident scene and any damage or injuries caused
- Get a few names of the accident witnesses
- Get a police report copy
- Visit a hospital for treatment of injuries caused by an accident
- Keep a record of all expenses incurred following a car accident
After the car insurance company has completed its investigation, they can either accept or reject the claim. Either way, it is vital to file a claim in court. This is because the insurance company can agree to the claim and pay you or reject the accident claim if the defendant had different car insurance cover.
Going to Court
If you and your attorney settle for a court settlement, both parties need to present their claims before the jury. Your attorney will give all the evidence collected and present witnesses for your defense. The defendant’s insurance company will also do the same. Your attorney has to prove that:
- The car accident resulted from pure negligence of the defendant
- There was a breach of duty of care
- There was no causal link
- The accident caused damages
- There was no duty of care from the defendant
The trial can be conducted in front of the judge instead of a jury. We refer to this as a “bench trial.” Before presenting your claims, the judge gets screened for hostility, bias, and prejudice in a judge selection process. So, you are guaranteed of having a fair ruling that will produce the outcome of the case in a just and reputable manner.
After both parties present their witnesses and complete laying out their cases, the jury or judge reaches a verdict. The verdict is read in front of both parties. If the ruling doesn’t please either party, one has a right to appeal to a higher court. If an appeal is made to a higher court, it falls in the hands of a different judge or jury. The previous judge or jury has to explain to the current court why they rejected the case in the first place.
Even when the court settlement is still ongoing, you can still negotiate with the defendant to avoid a lengthy and time-consuming process. However, you may end up with a scant compensation than you deserve.
If the court rules in favor of you, the defendant’s insurance company must compensate you for all the damages and expenses incurred, including your medical bills. If you become disabled and can no longer work, the insurance company reimburses you for your job loss and pays for disability expenses.
Conclusion
Judgment of a car accident lawsuit in your favor can be a challenging task; that is why you need proficient lawyers to handle your case. Our attorneys will handle your car accident lawsuit with profound professionalism at an affordable fee. You can reach out to us through our phone number, email, or visit our offices for a consultation.
