The Road To Compensation And How A Lawsuit Is Born

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Having to go to great lengths to be compensated can be difficult. If another driver was at fault for your auto accident and you have injuries to deal with, you may be trying to decide on what action to take first. You might not have to sue the other driver, but you should be prepared to do so. Read on to find out the factors that can lead to a personal injury lawsuit.

1. Stage One: File an insurance claim. In cases of minor damage and no or very little physical injury, the other driver's insurer might step up and take care of your damages. That may include covering medical expenses and your wrecked car.
2. Stage Two: To be paid for lost wages, pain and suffering, and future medical treatment, along with the items covered in stage one, you will need to speak to a personal injury lawyer. Your lawyer, once they evaluate your case, will attempt to negotiate a settlement out of court with the other driver's insurer. If they offer you an adequate settlement that covers your needs, the case is over you don't have to file a lawsuit. Most accident victims are encouraged to accept a settlement since it means a quick way to be compensated. In fact, most personal injury cases end at this point.
3. Stage Three: Only when settlement talks don't progress or your case is worth a great deal of money will it progress to a lawsuit. For example, your case might involve a commercial vehicle. This is known as a "deep pockets" case, in which the defendant is a profitable company with lots of liability insurance. Or, perhaps your accident involved a driver that was distracted using a cell phone. Judges have been known to point a well-publicized finger at those who don't just cause an accident but do so with culpable negligence. When that happens, plaintiffs (the accident victim) may benefit financially from the judge imposing punitive damages on the other party. In most cases, though, you must take a driver and insurer to court when they fail to pay you what you deserve or when the fault is being contested.

Once a lawsuit is filed, that does not necessarily mean that you will have to go to court. Many times, discovery and trial actions will prompt a better settlement offer and that can happen even after the trial begins. To get started on the path to compensation, be it a settlement or a court case, speak to a personal injury lawyer right away.

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28 December 2020