The aftermath of a car accident can be a stressful and overwhelming experience. When you have suffered an injury in a car accident, the driver may have a legal obligation to compensate you for the damages they caused you. The prerequisite to a settlement check is that you must prove that they acted negligently in the events that caused your accident. However, you must go through the other driver's insurance company to get the money you deserve, which can be very challenging.
You have legal options for the route you will take to get your money. Although it is not always common, you may try to file a lawsuit against the responsible driver in court. This process is a difficult one, and it can take considerable time.
If you go to court, you need the guidance of a car accident attorney. Further, you should not hire a car accident attorney for the first time after you have dealt with the insurance company and obtained an unsatisfactory result. Instead, you should retain an experienced car accident attorney at the outset of the legal process so they can deal with the insurance company on your behalf. You do not have to pay a lawyer to represent you; it costs you nothing upfront, and they only get paid if you win your case.
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The Insurance Company Is Your Adversary in Your Case
First, you should know who you are against if you file a car accident lawsuit. Insurance companies have a duty to defend their policyholders, including hiring an insurance defense lawyer to represent them in court. One of the main reasons to hire a lawyer is to level the playing field. Insurance companies have teams of adjusters and attorneys working on their behalf, looking out for their best interests. Without legal representation, you may be at a disadvantage trying to negotiate with these professionals independently. A skilled attorney will advocate for your rights and fight for the compensation you deserve.
Second, your car accident attorney will advise you on whether to file a lawsuit after reviewing your case. They have in-depth knowledge of the laws and regulations surrounding such cases and experience dealing with insurance companies. You may wait to decide because seeing how the legal process goes before taking your case to court is critical. You always have the legal right to file a lawsuit, provided it happens within a specific time.
Trials Are Rare, and You Can Often Avoid Them
You may be surprised to learn that a trial is the least likely thing to happen in a car accident lawsuit. Most car accident lawsuit cases will reach a settlement agreement without going before the jury. Your case will likely settle before that point, whether shortly after you file your lawsuit or before your claim goes to trial.
A mixed success rate in jury trials means that you and the insurance company want to avoid going to court. Insurance companies know which cases they need to settle, and they have more motivation to reach a settlement agreement when they know they can have an adverse result in front of a jury. Almost all car accident cases get settled because insurance companies know they have litigation risk. It is not uncommon for cases to resolve at the last second because that is when you both realize the magnitude of the risks you may be taking.
There Are Always Legal Risks in Filing a Lawsuit in Court
Before you go to court, know that you are taking some risk. If you cannot prove negligence or the jury thinks you were to blame for the accident, you will end up with nothing. However, you may have to take that chance based on how your case unfolds after receiving advice from your car accident lawyer. Insurance companies may not be willing to compromise with you, even if they are taking serious risks by not settling your case. Nonetheless, you may have to go to court because you have no choice.
Always Hire a Car Accident Lawyer to Represent You in Any Case
You are always best off when you have a car accident lawyer representing you in the legal process. The same thing is true regardless of whether you are filing a claim against the responsible driver's insurance or a lawsuit against them in court. To get total compensation for your injuries, or even to qualify for a settlement at all, you need an experienced car accident attorney to present your case. Your car accident lawyer will work to build the most compelling case and fight for you to get everything you deserve from the insurance company that does not want to give it to you.
A lawyer can also help you navigate the complex web of paperwork and deadlines that come with car accident cases. From filing insurance claims to submitting court documents, there is a multitude of administrative tasks that can easily overwhelm an unrepresented individual. Your attorney will handle all the necessary paperwork and ensure they complete everything accurately and on time, relieving you of this burden.
Insurance Companies May Push You Into a Trial
Often, a car accident lawsuit only becomes necessary when the insurance company acts unreasonably during the claims process. A case will only go to trial when insurance companies refuse to settle with you. They may do so under the following facts:
- Insurance companies do not accept your evidence or deny your claim because they do not believe you have proved their driver was negligent.
- Insurance companies insist that you were partially to blame for the accident and will not offer total compensation.
- The settlement offer that you have received is starkly at odds with the amount of money that you deserve, and you cannot reach an agreement.
Many car accident lawsuit plaintiffs will approach the insurance company through an informal claim or a more formal demand letter. Insurance companies will certainly not take you seriously if you approach them alone. What makes them sit up and take notice of you is when you bring an experienced car accident attorney into the legal process. Then, the insurance company suddenly has something to fear, knowing they cannot take advantage of you.
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You Kick Off the Lawsuit Process with Your Initial Filing
You will begin the lawsuit by filing your legal complaint in court at a time of your choosing and serving the papers to the other party. The only constraint on your ability to file a lawsuit is that you must begin before the statute of limitations expires. Once you have filed your complaint, the lawsuit will start. Receipt of the complaint and court papers triggers 30 days that the defendant has to file their answer to your complaint, where they must either admit or deny the facts or give their own version of the story. The defendant may ask for an extension of the period that they have to respond to your complaint.
A defendant may try to have the court dismiss your case at any point throughout the process by filing a motion with them. It is common for defendants to file a motion to dismiss, although they may face long odds. Usually, the law errs in giving you a day in court where the court can hear your case on the merits.
Much Of Your Case Will Happen in the Discovery Process
Most car accident lawsuits occur outside of court, and your case may only briefly see the inside of the courtroom, if it even goes there at all. The bulk of your car accident lawsuit happens during a process called discovery. This term refers to various mechanisms that each party may use to gather evidence in the other party's hands. You may have your deposition taken, where you must answer questions from the insurance company's attorney under oath. Your car accident lawyer will be present at the deposition to defend you when necessary.
Insurance Companies Do Not Want Car Accident Trials
Insurance companies have every reason to fear a jury, especially when you have built a compelling case. They continuously study the risks in every part of your case and do not want to accept too much uncertainty. Simply stated, a lot can happen when a room full of everyday people must decide about your legal right to compensation. There is a good chance that a jury can award you much more money than you may have otherwise received in a settlement agreement, and the insurance company does not want to take that chance.
In addition, insurance companies also run another risk if they push your case to trial. If they lose and their client has to pay money out of their pocket, the client can act against their insurance company and file a lawsuit for bad faith. Then, insurance companies may even be liable to their client for damages that can include punitive damages. Thus, they have reasons for not wanting to push their luck too far. Often, they will take the case as far as they can until they finally get serious about a settlement agreement.
Therefore, going before a jury to prove it will still be relatively uncommon, even if you have a strong case. Your case can reach a settlement at any point in the lawsuit process, but you can at least expect to have settlement negotiations at more than one point in the legal proceedings.
A judge may even order you and the insurance company into mediation to see if you can resolve the dispute before trial. Mediation has a high success rate because each party gets assistance speaking with the other, approaches the process positively, and can make choices to resolve the case.
Hire a Car Accident Lawyer Now to Avoid Problems
Just know that car accident trials take, so it is imperative that you at least take steps to begin the legal process as soon as possible. You may need to deal with the insurance company for an extended amount of time before you even decide that it is necessary to file a lawsuit. Even if a car accident attorney does not file a lawsuit on your behalf tomorrow, they will still need time to prepare your case. Your car accident lawyer will need to perform a complete investigation of the facts of the accident and gather the evidence you need to win your case.
It is in your interest to hire an attorney for many reasons. One is that having a car accident lawyer keeps you from making mistakes, which can give you longer odds of success in your case. You may say things to insurance companies that can give them an opening to deny your claim or reduce the settlement offer they may make you. For example, if you tell them that you are doing fine when an adjuster asks you a question, they may use that to challenge your description of the injuries that you will include in your claim. If you post about the accident on social media, the insurance company may get their hands on it and use it as evidence in your case.
It Costs You Nothing Out of Pocket to Hire a Car Accident Attorney
After a car accident, you may face numerous medical bills and may not be able to work. Finances have become a considerable concern, but fortunately, when it comes to car accident cases, you don't have to worry about paying an attorney out of pocket.
Most car accident lawyers work on a contingency fee basis, meaning they only get paid if they win your case. This fee is typically a percentage of the settlement or judgment they obtain on your behalf. This arrangement allows everyone to have access to legal representation regardless of their financial situation.
Hiring a car accident lawyer can be a game-changer when maximizing your compensation. These professionals have the knowledge and experience to handle your case, from gathering evidence to negotiating with insurance companies. They can help you navigate the complicated legal process and protect your rights.
Hire a Car Accident Attorney Today
If you have suffered an injury in a car accident, do not let concerns about the cost of legal representation hold you back. By hiring a personal injury lawyer on a contingency fee basis, you can focus on your recovery while they handle the legal aspects of your case. Remember, hiring a car accident lawyer costs you nothing out of pocket, but the experience and guidance they provide can be invaluable in helping you secure the compensation you deserve. Don’t delay, call today.