Like many people, you’ve probably never had to sue anyone before, and the idea of doing so can be daunting. You may not even know where to start or who you would sue after a car accident. If you have been in a car accident that was not your fault, however, you may not have any other option but to take legal action.
This article will review everything about suing after a car accident. So, let’s jump right in. Shall we?
Determine Who is at Fault
The last thing you need after an accident is to deal with a lengthy and complicated legal battle. If you can, try to determine who is at fault for the accident before you call a lawyer. This will save you expenses in the long run.
You will have the option to file a claim with the other driver’s insurance company, and they will likely pay for any damages. However, if the other driver was not at fault or there is a dispute about who was at fault, you will need to hire a lawyer to help you recover damages.
Hire Top Accident Lawyers to Sue
The next thing to do is contact an experienced pedestrian-car accident lawyer. If you try to sue the driver who hit you on your own, you will have an insurance company’s team of lawyers working against you. Instead, do your research to find the right attorney for you. Consider the following tips:
- Find a lawyer with experience in pedestrian accidents: You want someone who has successfully handled cases like yours in the past.
- Choose a lawyer you feel comfortable with: You should feel confident in your lawyer’s ability to represent you.
- Ask them about their success rate: Find out how many cases they have won and lost.
- Check their reviews: See what other clients have said about their experience with the lawyer.
- Ask for referrals: Talk to people you know who have had a similar experience and ask for their recommendations.
Understand the Statute of Limitations
It’s also crucial to understand the statute of limitations for filing a personal injury lawsuit in your state.
The statute of limitations is essentially the amount of time you have to file a lawsuit after an accident.
If you don’t file within that timeframe, you will likely be barred from doing so.
Once you know the statute of limitation in your state, talk to your lawyer about expediting the process, as the statute of limitations will likely be ticking down.
Additionally, the longer you wait to file a lawsuit, the more likely evidence will be lost or witnesses will forget what they saw.
Claim Bodily Injury
Now you have to make a bodily injury claim settlement from such accidents. from your insurance company; that’s the primary reason you insured your vehicle in the first place. You have to get a lawyer or seek professional advice from your insurance company to do this.
Making a bodily injury claim for settlement from an accident is not difficult. You have to make an appropriate report of the accident. You also need to present your medical bills as part of the claims you want to make.
State date, place, time, and a brief description of what happened. File for your settlement claim. If the other driver is at fault, you can sue him and make further claims or compensation from his insurers.
Attempt to Get Insurance Compensation
Before filing a lawsuit, seek insurance compensation from the at-fault driver’s insurance company. In most states, you must give the insurance company a chance to compensate you for your injuries before you can file a lawsuit.
The insurance company will likely try to give you a bad deal, but if you have an excellent personal injury lawyer, they can help negotiate a fair settlement.
If you can’t come to an agreement, or the at-fault’s driver’s cover doesn’t offer enough compensation for your injuries, then you’ll likely have to file a lawsuit.
Filing a Lawsuit
Be prepared to file your lawsuit in the county where the accident occurred. The first step is filing a complaint, a document laying out your legal claims against the at-fault driver.
The complaint will list the injuries you suffered and how much money you are seeking in damages. Once you file the complaint, the court will issue a summons, a document that notifies the at-fault driver that they are being sued.
The at-fault driver will then have a certain amount of time to file a response to the complaint. If they do not respond, the court may enter a default judgment against them, which means you would automatically win your case.
After discovery, the case will either be settled out of court or go to trial.
Note that you can’t sue the insurance company unless they deliberately decline to compensate you for claims they’re required to pay you for by law.
Wrapping Up
Following the correct procedure after getting into a car accident is crucial. By taking the proper steps and working with an experienced attorney, you can ensure that you are fairly compensated for your damages.
However, ensure that the driver is at fault and that your damages are significant enough to warrant filing a lawsuit. If you have doubts, it’s always best to speak with an attorney to get their professional opinion. We hope this article has been helpful and that you now have a better insight into what to do after a car accident.