Every car accident happens because one driver did not exercise enough duty of care. In this case, the negligent driver will be responsible for the events, meaning they could get sued. Suing is a good move, yet it is not recommended at all times. For instance, suing is unnecessary if no one was hurt during the accident. Instead, a settlement comes in handy. Here is a breakdown of what you need to know before suing after an auto accident.
When To Sue After an Auto Accident
You can sue an at-fault driver after proving liability. This will happen if you sustain significant injuries from an auto accident. Typically, you’ll need to involve a car accident lawyer to help prove liability. This attorney will also ensure that you have all the evidence to support your claim. This way, you can be sure of a more seamless process in the long run.
Various documents suffice during this lawsuit. Often, the court requires you to present accurate police reports, unbiased witness testimony, and photographs. You could also send in unedited video evidence. These elements will help the judge ascertain liability, guaranteeing you a fair trial in the long run.
Different states dictate when you can sue an at-fault driver. This period lies between one and six years, depending on the state where the accident happened. For this reason, it would be best to sue the liable driver, employer, or car manufacturing company as soon as you leave the hospital. This way, you can avoid complications with the compensating insurance company.
Grounds to Meet When Filing an Injury Claim
Determining whether your case will stand the test is a seamless process. You will focus on three main aspects during this time, including the following. It would be best to file an injury claim if the accident caused severe injuries and death to a family member. Severe injuries and fatalities will often make the case considerably complex, meaning that you will need help from a qualified attorney. Remember, such a case could involve multiple parties, making the whole process daunting. Relying on professional help will help ease the burden.
Suppose these injuries affect your quality of life. In this case, it would be best to sue. The impact on your life could be mental, physical, or financial. An excellent attorney will help you understand the effect and the necessary compensation you should get. For instance, some injuries could deny you the ability to play your favorite sport. This, in itself, has a significant impact on your life’s quality.
You could also file a claim if the injuries caused prevent you from working. This move will help get compensation for various aspects, including loss of income, temporary disability, and loss of the ability to work. A lawyer will help determine the value of each injury, including your future medical expenses and financial losses.
Can You Settle Instead of Suing?
Settling is the most common option after an auto accident. This choice suffices if the insurance company is willing to engage you and so quickly. It allows you to negotiate for the best deal, covering all your expenses and future financial losses.
However, you can only accept a settlement offer if the compensation value is close to the losses you made or will make. For instance, suppose your losses amount to about $45000, and the insurance is willing to offer over $45000. In this case, the settlement offer would be an excellent deal.
In conclusion, using an insurance company should not be your first move. Instead, invite it to the negotiation table and try to strike a settlement deal. Feel free to file a claim if this process fails.