When you get into a car accident, you never think that you’re going to have to sue the other driver for damages. However, with a single trip to the emergency room costing as much as $1,389, covering your personal medical expenses on your own may not be possible.
The worse the accident is, the more expensive your recovery will be and, unfortunately, insurance companies aren’t always willing to give you the settlement you’re owed. If you find yourself in this situation and aren’t sure what to do, know that you can sue someone personally for the accident provided they’re at-fault. Here are a few things you need to know before you file a lawsuit.
Always work with the insurance company first
Before you start thinking about suing after a car accident, you should always try to work things out with the other driver’s insurance company first. Remember, they’re used to processing car accident claims and will do what they can to settle things quickly. However, if you’re not at fault, the other driver’s insurance provider may try to stall things or offer you a settlement that doesn’t cover your expenses. See what the insurance companies say before you make the leap to a lawsuit. You may be pleasantly surprised and, if you are, you’ll spare yourself the stress of going to court.
How to tell if it’s time to sue someone personally
Making the decision to sue someone is a big step. Going to court can take time and getting both parties to come to an agreement is difficult at best. That’s why it’s always best to see what type of settlement the insurance companies offer first. Ultimately, deciding to sue the other driver is a matter of personal preference. If you’re willing to put in the time, you could end up getting a larger settlement. You just need to be able to recognize when going to court is in your best interest.
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The insurance settlement is too low
It’s in the insurance company’s best interest to offer you as low a settlement as possible. Remember, they’re the ones paying you, not the other driver. Since the money is coming out of their pocket, they’re always reluctant to offer you the settlement amount you deserve. Take a look at the amount they offer you. If it seems too low or it’s not in line with what you and your family need to fully recover, suing the other driver is in your best interest.
Your bills are too high
Depending on the severity of the accident, the amount of money you think you need can change. If your medical bills keep growing and your projected insurance settlement won’t be enough to cover them, suing the other driver is worth considering. Take a long, hard look at your expenses and compare them to the settlement amount the other driver’s insurance provider offered. If it’s not enough and no amount of contesting the settlement has made them reconsider, don’t be afraid to go to court.
You are clearly not at fault
The hallmark of every successful car accident lawsuit is being able to prove that you’re not at fault for the accident. This is what allows you to sue someone for the damages you suffered. An experienced car accident attorney will be able to help show that you’re not at fault, but the more proof you can provide, the better. If there’s even a chance that you could be at fault, you’ll find it hard to win your case.
Speak with a car accident lawyer
If the insurance companies aren’t working in your favor, the best thing you can do is speak with an experienced car accident attorney as soon as possible. Schedule a consultation and bring all of your documentation with you to the meeting. This should include the accident report and all documentation relating to your insurance claim. If you don’t have those things on-hand, ask your insurance agent for copies before the appointment.
Once you’re in the office, your attorney will review the documentation and can determine if you have a case that’s worth taking to court. Remember, suing someone personally for a car accident is a time-consuming process and can be disruptive to your daily life. If your attorney thinks that your case isn’t strong enough, suing the other driver may not be in your best interest.
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What you can expect from the lawsuit
During the lawsuit, you’ll need to demonstrate the severity of the damages you suffered. This will be everything from physical injuries and damage to your vehicle to emotional trauma and inability to work. The lawsuit can feel somewhat invasive and you’ll need to be ready for the other driver’s attorney to dig deep into the situation. They’ll try to find proof that the other driver wasn’t at fault for the accident and may attempt to indicate that you weren’t an innocent victim.
Your attorney will do everything they can to make sure the court understands the truth behind the accident. They’ll use the documents you provided them to argue your case and won’t hesitate to refute any false allegations the other legal team makes against you. If the case is clear and the court is able to make a decision quickly, you’ll likely get a better settlement.
Is it worth it to sue someone after an accident?
Making the decision to sue someone personally after a car accident isn’t an easy choice. However, it can be the right choice if you feel that the driver's insurance company isn't offering you a fair settlement. If you’ve been in an accident and are considering suing the other driver involved, don’t wait. The sooner you start exploring your options, the sooner you’ll get the compensation you deserve. Schedule a consultation with our experienced legal team and discuss your options. We’ll help you decide if taking the case to court is in your best interest.
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Sure, I've got a good grip on the concepts discussed in the article you shared. Let's break it down:
1. Car Accident Lawsuits: This involves seeking compensation from someone personally after a car accident, usually based on proving the fault of the other driver. The aim is to cover personal medical expenses and damages caused by the accident.
2. Working with Insurance Companies: Attempting to resolve issues through the other driver's insurance company is usually the initial step. However, if the settlement offered is insufficient to cover expenses, suing the at-fault driver might be necessary.
3. Deciding to Sue: Factors influencing this decision include the adequacy of the insurance settlement offered, the severity of medical bills, and proof that you're not at fault. It's essential to gauge whether going to court would lead to a better settlement.
4. Legal Counsel: Seeking advice from a car accident lawyer becomes crucial when negotiations with insurance companies fail. They assess the case's strength and guide on whether pursuing a lawsuit is worthwhile.
5. Lawsuit Process: If the decision to sue is made, you'll need to demonstrate the extent of damages suffered, including physical injuries, vehicle damage, emotional trauma, and the impact on work capacity. Expect the legal process to delve deeply into the circ*mstances of the accident.
6. Worthiness of Lawsuit: Deciding to sue after a car accident isn't easy. It depends on whether the offered settlement is fair and whether pursuing legal action will result in better compensation.
7. Seeking Legal Help: The article suggests consulting experienced legal teams to explore options for compensation and potential lawsuits, highlighting the importance of understanding your rights and getting fair compensation for damages.
This article essentially guides individuals through the process of deciding whether to sue after a car accident, emphasizing the importance of thorough consideration, legal counsel, and understanding the implications before pursuing legal action.
