If you have suffered an injury in a car accident, you have several options available to you when it comes to seeking compensation. Many accident victims may try to deal directly with the other driver’s insurance company as part of the claims process. Often, this is the quickest and least risky way to receive a settlement check. However, the claims process may not be the answer for every single case. The insurance company may deny your claim, or they can have an entirely different view of the value of your case. In some cases, filing a car accident lawsuit may be the most effective way for you to seek compensation for your injuries.
When you hire a Sebastian car accident attorney for your case, they will give you strategic and tactical advice about the most effective way to get accountability for what happened. They will deal with the insurance company on your behalf and advise whether you may be better served by filing a lawsuit directly against the responsible driver. The key is to contact a car accident lawyer as soon as possible after the crash so you have the fullest range of legal options available.
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You Can Sue the Other Driver When They Were Negligent
The facts of your car accident and the evidence that you are able to gather will determine whether you can sue the other driver for what happened. Essentially, you will need to prove that they did something wrong to cause your injuries for them to be personally liable to you in a lawsuit. In a car accident case, you can become eligible to receive financial compensation in a lawsuit when you have the evidence that proves that the other driver was negligent.
There is a very specific meaning to the word negligence in a car accident case. The word is a legal term for a situation where the driver has done something that an ordinary driver would not have done. There are four elements that you need to prove to demonstrate that the other driver was negligent. If you fail to prove any one of them, you will be unable to win a lawsuit. The four parts of negligence are:
- The driver owed you the duty of care (motorists always owe a duty of care to those around them on the road)
- The motorist breached the duty of care by doing something that can be considered an unreasonable action under the circumstances
- You suffered some type of injury or damage
- You would not have suffered an injury had it not been for the actions of the other driver
Examples of Negligence That Would Allow You to Sue the Other Driver
There are many things that a driver can do wrong behind the wheel that can be negligent. Having a car accident in the first place is not automatically going to be considered negligence. Instead, you will have to point to a specific thing that the driver did that caused the accident. You may not even have to prove that they were distracted or legally intoxicated in the accident, although it can help your case and negotiating position.
Some examples of negligence in a car accident case may include:
- Rear-ending the car in front because the driver was either too close or was unable to stop in time to avoid an accident
- Sideswiping a car because the driver did not properly check their blindspots before changing lanes
- Causing an intersection accident because the driver ran a stop sign or red light or they made an illegal turn
- Veering out of a lane because a driver was distracted and unable to follow traffic
- Losing control of their vehicle because the driver was speeding
- Not properly altering other drivers of their intentions because the motorist did not engage their turn signal
- Not taking the proper precautions when a motorist was driving in bad weather
You Need Proof of What Happened to Be Able to Sue the Other Driver
Of course, what you may have to say about the accident does not matter as much as the physical proof you may have about what happened. That is exactly what the insurance company needs to see before they are willing to write you a check for your injuries. It is up to you to come up with the proof, even if you unable to gather it yourself at the scene of the accident. This function is exactly what a car accident lawyer will do when you hire them for your case. Once you have gathered the necessary evidence, you can file a car accident lawsuit if it becomes necessary in your case.
You Need to Determine Whether to File a Car Accident Claim or Lawsuit
One of the relevant questions is if you want to sue after a car accident. You have several legal options available to you after a car accident, and one of them is to go through the insurance claims process. State law requires each driver to have a certain minimum amount of car insurance coverage. Hopefully, you have also availed yourself of the opportunity to purchase as much underinsured motorist coverage as you can. If you have the evidence necessary to win a car accident lawsuit, you may also have enough proof to qualify for a settlement check. A car accident attorney will explain all of these options to you when you speak with them during a free initial consultation.
You May Be Able to Settle Your Claim Directly with the Insurance Company
You can avoid having to file a car accident lawsuit entirely if you are able to settle your claim with the insurance company. Still, you should not expect an easy legal process. Insurance companies are known for being difficult in the claims process, often making low settlement offers and unreasonably adding extra time until the point where you will have your money. However, the insurance companies have their own motivations to settle your claim, one of which is not being subject to a bad faith lawsuit from their own customer. You can potentially have your settlement check more quickly and with less risk than you would have in a lawsuit if you try to pursue the claims process first.
Many car accident lawyers will advise their clients to at least make an attempt to begin with the insurance claims process before filing a lawsuit in court. It never hurts to try to talk about a settlement before you begin to litigate. The worst that happens is that you lose a little bit of time in the process, but your car accident lawyer will be keeping a close eye on the clock.
Understand the Car Accident Legal Process Before You File a Lawsuit
If you have to file a car accident lawsuit, you need to know more about the legal process. A car accident lawsuit has its own steps and risks involved that you need to understand before you begin your case. In a car accident lawsuit, a jury will be the one who decides the outcome of your case. They will hear the evidence that your car accident lawsuit will present to them before they can make a determination about whether the other driver was to blame for what happened. The jury can decide that the other driver was liable for the accident. Alternatively, the jury can determine that you shared the blame for the accident or that the other driver was not at fault at all. You always take a risk when you file a car accident lawsuit that you can get nothing, but your car accident lawyer can advise you that going to court is the best possible option for you. Remember that you cannot control the insurance company and how they will respond to your initial claim.
You Need an Attorney to File a Car Accident Lawsuit on Your Behalf
The most important thing you can do after a car accident is to hire an attorney to handle your case. A car accident lawyer will explain the most effective legal options for you to pursue compensation for your injuries. They will have experience with the individual insurance company involved in your case and know how best to deal with them. This inside knowledge can be key to putting you in a strong legal position.
A car accident attorney can perform a complete investigation of the crash to help determine whether you may have a potential lawsuit to file against the other driver. However, they will need to begin their work quickly for you to have the best possible chance at winning your case. If you wait too long to hire a car accident lawyer, it can compromise your own legal position. Never assume that the facts of your car accident case speak for themselves, even if you think that liability is extremely clear. There is always a chance that the insurance company may try to blame you for the accident, in part because they may be able to save money. There is an even higher likelihood that the insurance company can use this maneuver if they see that you do not have a car accident lawyer representing you.
Then, your car accident lawyer can either file a claim or lawsuit on your behalf. Either way, they will likely be negotiating your car accident compensation with the insurance company. Just because you can file a car accident lawsuit does not mean that you are going to have a case that goes in front of a jury. There is a strong likelihood that your car accident claim or lawsuit will settle before you ever reach a courtroom.
Although there is never any guarantee of financial compensation, a car accident attorney will likely not take your case if they do not think that the facts will entitle you to some financial compensation. You often do not want to take on the additional time or risk that a car accident lawsuit entails, but you always retain the option of going to court if it is necessary. However, the insurance company may leave you with no choice through their actions.
Why You Need to Begin the Legal Process Today By Hiring a Car Accident Lawyer
You should begin the legal process as soon as you can by hiring a car accident lawyer. Even if you do not file a lawsuit immediately, a car accident lawyer can begin to work on your case preparing for when you are ready to open a claim or take your case to court. In the meantime, they can begin an investigation of the accident before you lose key evidence that you must have to prove your case. They can also work to quantify your damages so you know what to include in your claim or lawsuit. Most importantly, they can educate you on the legal process and explain the legal options that you may have to pursue a settlement check or jury award. Preparation is key when you are trying to hold the other driver and their insurance company accountable, and a car accident attorney needs to have time to work.
A Car Accident Attorney Costs You Nothing Upfront
You may wonder how much you need to pay for a lawyer who will represent you at every step of the way during the legal process. You only pay for all the help that a car accident lawyer provides you when you are successful in your case. Here, success is defined as receiving any money in connection with your car accident injuries, whether it is through a settlement check or being awarded money by a jury. Then, your car accident lawyer gets a percentage of the total proceeds of your case, which they will take directly when you receive the money. At no point will you ever need to pay a car accident lawyer any money from your own pocket.
An Experienced Car Accident Attorney is Standing By
If you or a loved one was injured in a car accident, you should always contact a skilled car accident attorney once you have sought medical attention. You do not have to handle the legal process alone. A Sebastian personal injury lawyer can obtain the compensation you deserve while protecting your rights.