Are you dealing with the aftermath of a car accident? You may have heavy medical bills, or your car may be out of commission.
Regardless, it’s time to think about a car accident lawsuit. An auto accident lawsuit may be necessary if the negligent driver’s insurance doesn’t adequately cover your repair bills or medical expenses.
In other cases, the driver may not have insurance. Before filing a suit, you should see a doctor, gather evidence, and contact an attorney.
This article will outline the lawsuit process in greater detail. Let’s explore.
Can I Sue Someone for a Car Accident?
You can sue a negligent driver if they caused your injuries or damaged your property. The law allows you to seek financial compensation if the offending party is negligent. However, you must build a credible case.
“You’ll need to provide credible proof for all of the claims that you make in a personal injury lawsuit,” says Jeffrey Preszler with PreszlerLaw-NS.com. To gather the necessary proof, adhere to the following measures:
Seek Medical Help
If you were hit in an accident, seek medical attention. Even if you don’t feel pain, you should still see a doctor.
You may have underlying injuries that you’re not aware of. Additionally, you may not feel the full effects of the injuries until weeks later.
A doctor can document all major and minor injuries. Moreover, save all of your medical bills, as they’re key pieces of evidence when you go to court. Doctors can also provide written testimonies that can support your case.
The amount you receive from a car accident depends on the nature of your injuries.
- Example: The court may award pain-and-suffering damages. Pain and suffering entail ongoing mental, emotional, and physical turmoil. Pain-and-suffering awards depend on state guidelines. In many cases, the awards may be under $15,000.
If you sustained extensive injuries, you may receive over $15,000. Regardless, you need you a hefty sum to cover the long-term costs of recovery.
File a Police Report
More than likely, the police arrived to document the accident. If you’re capable, contact the police immediately after the accident. Then, give your side of the story.
If you didn’t talk to the officer, you can refer to the police report for details. The report will reveal the name of the offending driver and their insurance information. The officer will also gather the necessary evidence and take photos of the accident.
Write Down Everything
After the accident, you should write down everything in detail. Over time, you may forget minor details. Describe what you were doing before the accident.
Then, outline the nature of the accident, and include what happened thereafter. Were there any witnesses on the scene? Did you interact with responding officers? If you remember, record the name of the responding officers.
Conduct a Separate Investigation
Even if an officer arrived on the scene, you should still gather evidence by yourself. There’s a chance the officer didn’t gather important evidence. The report may also be inaccurate.
You can start an independent investigation in the following ways:
- Taking photos and videos of damaged property
- Talking to witnesses
- Documenting your injuries
Take extensive photos of the car damage, or any other type of property damage. You’ll need strong physical evidence to win your case. You should also return to the accident scene. If applicable, take photos of all damaged property in the vicinity.
While you’re at the scene, find anyone who may have witnessed the crash. If the accident occurred in a neighborhood, talk to some neighbors to find out if they witnessed the accident. They may provide a different viewpoint that improves your case.
Also, ask if you can record the conversation. After, get their contact information.
When it comes to injury documentation, it’s important to capture your daily struggles. Showcase the nature of your injuries and how you’re coping with the pain. A daily video will also bolster pain-and-suffering claims.
Contact the Offending Party’s Insurance Provider
After gathering the necessary evidence, contact the negligent driver’s insurance company. Convey your intent to file a claim. The insurance rep will guide you through the process.
- Note: An insurance company may want to lock you into an official statement. If they ask, refuse this request. You should only give a recorded statement under the guidance of an attorney.
Moreover, you should also refuse to talk to insurance adjusters. Adjusters will attempt to minimize your claim. They can even get your claim dismissed.
Even if the adjuster is from your insurance company, you shouldn’t talk to them. Involve an attorney if you must talk to an adjuster.
The Importance of a Personal Injury Attorney
You also need an attorney during the negotiation process. Insurance companies tend to offer the lowest settlements possible, hoping victims will accept the first offer.
An attorney can counter meager settlements and negotiate on your behalf. If negotiations fail, you’ll need an attorney that will champion your case in court.
The Court Process
You’ll file your lawsuit in the county where the accident occurred. Draft a formal complaint letter, and send it to the appropriate court. Also, use a process server or police officer to send the complaint letter to the offending driver.
After the driver responds, you’ll enter a discovery phase in which you request information from the defense. The defense can also request information from you. You can also gather witnesses in your favor during this period.
From there, the court will establish a court date. Your lawyer will present your case in front of a judge or jury. If you don’t get a favorable outcome, you can appeal the ruling. Settlement negotiations may also continue after the court process concludes.
Car Accident lawsuit Timeline
In most cases, you have two years to file a car accident lawsuit. However, check with your state guidelines to know for certain.
Regardless of the timeline, you should file as soon as possible. If you file too late, you stand the risk of losing evidence or failing to remember important information.
How Can I Win My Car Accident Lawsuit?
To win your car accident lawsuit, hire an attorney. An experienced attorney can get you a higher settlement. First and foremost, visit a doctor to document injuries, and save your medical bills.
You should also document all property damage and talk to witnesses. Attorneys will sift through all the evidence you gathered and craft a viable case.
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