So, you’ve been involved in a car accident caused by a negligent driver. You may be dealing with injuries, medical expenses, lost wages, emotional distress, vehicle repair costs, insurance company hassles, and a number of other complications. Before filing a case in court, however, you should consider the following factors.
So, you’ve been involved in a car accident caused by a negligent driver. You may be dealing with injuries, medical expenses, lost wages, emotional distress, vehicle repair costs, insurance company hassles, and a number of other complications. Before filing a case in court, however, you should consider the following factors.
When you file your personal injury claim with the insurance provider of the negligent driver, they’ll start an investigation of the accident. They will examine the evidence of your case, which may include the police report, any medical records you have released, photos of the scene and any vehicles involved, the other driver’s testimony, and any witness statements. If the insurance company refuses to pay your claim, legal action is your next step.
Figure out if you should settle out of court or proceed with a lawsuit. The majority of accident injury claims settle out of court well before trial, and a large number of those settle without ever filing a lawsuit in the first place. That’s because settling has its advantages.
Settling is quicker and simpler than pursuing a lawsuit, and for the most part, you’ll avoid paying higher attorney’s fees. In addition, you won’t need to appear in court multiple times for proceedings, and you won’t be dependent upon the opinion of a jury to decide your case.
On the other hand, you may be settling for less than you deserve. Estimate your potential claim value and compare that to the settlement offer you expect. Not only should your potential claim value exceed the settlement offer, but it should also cover the attorney’s fees and outweigh the possibility that you’ll receive zero compensation in the event that you lose the case if you do take it to court.
You’ll need to estimate how much money is at stake and establish confidence in your case, and for that, you should consult with the experts. You shouldn’t try to figure this out all on your own. Work with an attorney to assess your situation and negotiate any settlement terms for you. “Some car accident lawyers will give you a free consultation to help you understand your case and how much money may be at stake,” says John Foy, an attorney who handles personal injury cases. “They can draw on their experience with hundreds of cases and give you a much more accurate idea of how much money to expect.”
If you’ve made the decision to settle before filing a lawsuit, the process begins with writing a demand letter. Describe the events of the accident in chronological order using as much detail as possible. You’ll want to gather all your evidence, including witness testimonies, medical expenses and photos, and include these with the letter. Work with your attorney on this letter and then mail it to the negligent party, or their attorney or insurance provider as appropriate. Settlement talks will usually follow this step.
You may not receive a response to your demand letter, and if you do get a response, it may be a refusal to settle or an unreasonably low offer. In this case, you may decide to file a lawsuit and get your day in court. In most cases, you or your attorney will file with the circuit court in the county where the accident occurred or where the other driver lives. This filing takes the form of a formal legal complaint, and it must be delivered by a process server or police officer. The other driver will then have a short time to respond, somewhere in the range of 20 days.
Your court case will then proceed through processes of discovery and the trial itself, where your lawyer will present your case before a judge or jury. This is where both your time and money get spent in large amounts, so do keep trying to settle your case with the other driver. At any time before a verdict is rendered, you and your attorney are free to accept a settlement offer.
Not only can a trial be expensive, confusing and time-consuming, but you may lose some of your privacy. The insurance company might hire a private investigator to vet your medical claims and testimony by following you around with a video camera. Furthermore, the defense attorney may forcefully confront you in deposition or in court, hoping that you’ll lose your temper because they know an angry outburst on your part will decrease your chances of winning the case. It’s no wonder that the majority of car accident disputes are settled out of court without even filing a case.
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