How Does a Car Accident Claim Work?

If you or a loved one has been involved in a car accident, you might be wondering if you should settle or file a lawsuit.

Indeed, any car accident survivor who is unable to pay their medical bills or cover the costs of collateral damage (let alone recover from the pain and suffering caused by the ordeal) can seek only compensation, either through a settlement with the insurance provider or through a lawsuit against the motorist who caused the accident.

Contact a car accident attorney for a free case review if you have questions about your rights to claim equal compensation. Bruscato is a personal injury law firm that focuses on car accident and personal injury litigation.

Contact us today to find out if filing a traffic accident case is the right course of action for you.

Should You File a Lawsuit If You've Been Injured in a Car Accident?

If you've never been in an accident before, you might believe that filing a lawsuit is the logical next step—or perhaps the only option.

Let's say a careless driver collided with you at an intersection, causing significant damage and injuries. Perhaps it's because, as a culture, we've seen so many courtroom dramas on television that we immediately assume that the most gripping cases are the best choice. The truth is that most auto accident lawsuits are settled by a settlement.

For a variety of factors, settling out of court may be advantageous:

• You will save paying a lot of money in court.

• You can save yourself the trouble of going to court.

• You will lower your chances of losing.

And, believe it or not, you'll actually get paid faster than if you took your case to court.

Nonetheless, settling isn't always the right option. Especially if you stand to gain substantially more financial compensation if you take your case to court. I'll clarify why it makes sense to take the auto accident case to court in the sections below.

To begin, you should be aware that car accident lawsuits fall under the category of personal injury litigation. Every year, millions of car accidents occur on American roads, but not every collision is cause for a lawsuit.

Fault is the most important factor in determining whether or not a case can be filed. You will be entitled to sue if there is evidence that the other driver was at fault for the crash that caused the injury.

As previously stated, settling is always preferable to suing, but the primary motivation for filing a car accident case rather than settling is, very simply, the money. Often the only way to get the most money for the injury is to file a lawsuit.

The following are the main elements of a traffic accident lawsuit:

• Duty of care—Every driver owes a duty of care to other drivers on the road; it is everyone's responsibility to obey traffic laws, drive safely, and respect our fellow motorists.

• Breach of duty of care—You must prove that someone has breached their duty of care in order to sue them. This sometimes entails demonstrating a traffic safety violation.

• Consequences—Finally, you must show that the collision caused the damages or injuries; you must also show that the collision caused these consequences directly.

• Proof of cause—Finally, you must show that the at-fault driver's negligence caused the accident, which resulted in your damages or injuries.

What Is the Process of Filing a Car Accident Lawsuit? (Four Stages)

The majority of personal injury cases will not be filed as litigation right away. Instead, the personal injury lawyer will consult with you and the other parties involved in the accident to determine the circumstances, collect evidence, and gain a better understanding of the situation before deciding whether to settle or sue.

Beginning with pre-litigation evidence collection, I've described the four phases of a car accident court case below.

Stage 1: Pre-Litigation

Let's get this party started. The first thing you can do after a car accident is seek medical attention and collect facts. The facts you gather now will be used in your case, and your lawyer will need as much evidence as possible to support the at-fault driver's negligence.

Collect evidence

Gather all of your crash-related records. Medical records, incident reports, photographs and documentation from the accident scene, payments, and pay stubs are likely to be included in these papers.

Make an appointment with an attorney.

After the dust has settled following a traffic accident—after the accident scene has been cleaned, the injuries have been treated, and evidence has been gathered—time it's to seek expert legal advice.

An auto accident attorney will assist you in making the best decision to seek full payout, if you've agreed to bring a claim or a settlement, or whether you're unsure. Make an appointment with Bruscato for a free case review today.

Investigation and documentation

One of the first things a lawyer can do is ask for access to your medical records and crash proof. The aim of this phase is to figure out how serious your accident was. The aim of the solicitor is to use testimony and documents to paint a vivid image of what happened to you and the repercussions you're dealing with as a result of the accident.

The attorney may then conduct a thorough investigation into your case. This may include visiting the accident scene, communicating with police, conducting interviews, and collecting other documents related to the car accident. It may also mean enlisting the assistance of professionals such as doctors, mechanics, and engineers to consult on your situation.

This investigation is being conducted in order to establish negligence on the part of the driver who caused the accident and your injuries.

Negotiation with an Insurance Company

Your attorney will negotiate with insurance adjusters to resolve your case without going to court after reviewing paperwork and investigating the case. Negotiations can be stressful, which is why it's always in your best interests to hire an experienced attorney to help you.

Auto insurance cases are often settled after extensive negotiation, but if they want to undervalue your claim or fail to accept a reasonable settlement, your case could be escalated to a car accident lawsuit.

Stage 2: Initiate a legal action

It's time to file a case after talks with the insurance provider have failed and settlement is no longer a choice. This is accomplished by formally filing a legal case with the court and the responsible party.

Once you've filed your case and presented the defendant with your complaint documents, they'll have a certain amount of time to answer. Remember that a personal injury lawyer will file your claim for you—you don't have to do it if you don't want to.

It's time to move on to the discovery stage after the formal complaint (lawsuit) has been filed and a hearing date has been set.

Stage 3: Discovery

The discovery process is a structured procedure in which both sides of a case exchange records, testimony, and facts. In most cases, the client will ask the defendant and his or her attorneys for clarification in the form of written questions (called interrogatories).

A deposition is another way to gather evidence during the discovery process. Your attorney may have called eyewitnesses or experts during the investigation stage to help shed light on the circumstances surrounding the car accident. These people will be called to testify in a deposition, which is where you schedule them to testify at a certain location and time.

These testimonies are formal declarations made under oath, which are registered and can be used in court.

Negotiations for a Settlement

Lawsuits are always risky (there is always a winner and a loser, to put it bluntly), which is why trial lawyers frequently want to settle before going to court.

If previous attempts at negotiation have failed, a mediator might be called on to help the parties in a lawsuit reach an agreement. The mediator's job is to find a degree of agreement that is satisfactory to both parties—a common ground that is acceptable to both parties for a reasonable settlement.

If the parties are unable to reach an agreement, the case will proceed to trial.

Stage 4: Take Your Case to Trial

A jury trial is the final step in the auto accident litigation process.

And if the case goes to trial, you have the option of settling. You have the option to accept or reject the settlement offer at any time.

A jury trial will hear both sides' claims and testimony while the case is heard in court. Your trial can last several weeks, but once the jury has reached a decision, the case is closed.

What Kinds of Damages Will You Recover in a Car Accident Case?

You will be able to recover damages in a car accident lawsuit, including:

• Health-care costs

• Suffering and pain

• The cost of an ambulance

• Damages to property

• Wages that have been lost

• Anguish in the mind

• Physical exercise or rehabilitation

• Companionship loss

• Loss of future earnings

The amount of damages you will be entitled to recover is entirely dependent on the facts of your case.

An experienced personal injury lawyer will assist you in determining what you are entitled to and the value of your settlement.

FAQs

Can You Settle or Sue in Court After a Car Accident?

If at all possible, many people want to settle a car accident lawsuit.

There are several explanations for doing so. Settlement of a case before going to court also means receiving money earlier, avoiding high legal fees, skipping several trial hearings, and avoiding the possibility of an unexpected jury verdict.

An experienced auto accident lawyer will assist you in negotiating with the insurance adjuster in order to obtain adequate compensation for your injuries. They should also be prepared to take your case to court if the insurance firm rejects your offer and refuses to budge.

Consider whether filing a lawsuit or reaching an out-of-court settlement would result in a higher payout.

Note that many states have no-fault protection when determining whether to settle or sue. This is the situation in which the provider pays the medical insurance coverage regardless of who caused the accident.

How Long Would It Take to File a Car Accident Lawsuit?

A car accident litigation can last weeks, months, or even a year depending on the circumstances.

The length of time it takes for a case to be resolved is influenced by a number of factors. The details and seriousness of the accident and your injury, the number of people involved, discussions with the insurance provider, pre-trial proceedings, setting court dates, and several other considerations are just a few of them.

Speak with a personal injury lawyer to learn how long your case could take to settle and how much money you might be entitled to.

After a car accident, how long do I have to file a lawsuit?

Once you've been in an accident, the clock starts ticking on how much time you have to make a lawsuit.

In the state of Louisiana, the statute of limitations is just one year. That means you have one year from the date of the accident to file your auto accident claim and determine whether to negotiate with the insurance firm or pursue the case in court.

Arbitration is a method of resolving

Arbitration could be an option if you have a problem with a high, unforeseeable bill. When a dispute occurs, arbitration, including mediation, requires an outside party to act as a neutral decision-maker.

If you're seeking arbitration over billing, finances, or retainer problems, double-check the original contract you signed with your attorney.

Contracts also contain provisions stating whether the outcome of the arbitration proceedings is binding or non-binding. In the case of a binding clause, you relinquish your right to appeal the arbitrator's decision regardless of the outcome.

If the arbitration agreement is non-binding, any side may file a lawsuit to dispute the arbitrator's decision at no cost to them. Arbitration is a good way to get a neutral third party involved and look over the particulars of your client-attorney relationship.

Your Attorney Should Be Fired

The last recourse is to fire the lawyer. However, before you go this path, consider getting your case file from your solicitor and taking it to someone for a second opinion. If you haven't settled yet and the new advising attorney believes you're squandering money, fire your current attorney and hire someone else to do the legal work.

Keep in mind that switching layers can be a costly endeavor. When you employ a new lawyer, you will be required to pay a fee to get him or her up to speed on the specifics and background of your case.

In certain exceptional cases, it might be appropriate to take things a step further and file a complaint against your lawyer. If you're considering filing a lawsuit for legal malpractice, you should do so as soon as possible; the longer you hesitate, the more the defense will be able to use your inaction as evidence against you.

Work with a seasoned personal injury lawyer.

Contact Bruscato Law Firm of Monroe, Louisiana, for legal advice if you've been in an accident caused by someone else's negligence and aren't sure if you're working with a good lawyer or not.

Personal injury lawyer John Bruscato and his devoted team are committed to working with you to ensure the best possible result of your case. John Bruscato is a personal injury lawyer who knows how insurance firms operate and is well-versed in the legal system. He has nearly a decade of experience representing victims of traffic accidents, workers' compensation lawsuits, wrongful death claims, and other types of cases. At the end of the day, you are the only one who will decide on your case and who will represent you.

Communication is crucial, and you owe it to yourself to make sure your voice is heard if you have questions or concerns about a personal injury case. You deserve an attorney you can trust and who will fight for you. To arrange a free consultation to discuss your choices and legal rights, call or visit us online today.