Do you think that you can avoid a car accident? Few of us get through life without being in at least one or two.
If you’re lucky, when a car accident occurs, it is only a minor one, such as a fender bender. However, in many cases, the damage resulting from car accidents can be quite severe.
Due to the high price of health care, these injuries can be too costly to handle.
If you’ve been injured in an accident due to the negligence of another driver, you have a right to compensation under the law. However, is it necessary to bring forward a civil lawsuit for a car accident injury?
It’s a more complicated answer than you might initially assume. Read on, and we’ll walk you through what you need to know.
Understanding Civil Lawsuits and Insurance Claims
Is it necessary to bring forward a car accident lawsuit after a car accident has occurred? Some people assume it is the only course of action, but this isn’t necessarily true.
The compensation that someone wants to seek from a lawsuit is possible to get without bringing a lawsuit forward. Many people get confused about lawsuits and insurance claims as both have the potential to result in settlements.
When an accident happens, the insurance company of the opposing driver will be required to pay for the damages inflicted against the other driver. In both a civil lawsuit and an insurance claim, the end goal is to obtain compensation for the damages that were sustained as a result of an automobile accident.
In an insurance claim, all negotiations and work occur between the individual who suffered damages and the representatives from the insurance company. The distinction can become even more confusing because often people hire attorneys even when they are filing an insurance claim and not a civil lawsuit.
Car accident insurance claims can be worth quite a lot, so most injured individuals prefer to have an attorney who has experience working with insurance companies and who can ensure they get the compensation they deserve.
A civil lawsuit, on the other hand, has the added formality of being established in a court of law. It would require the filing of a personal injury lawsuit in the civil court system.
Why Bring a Civil Case Forward?
Why might someone bring a car accident lawsuit forward if they could receive the same compensation through the insurance claim process?
The most popular reason to bring a civil case forward is if an individual thinks they won’t get the settlement they deserve through an insurance claim. The attorneys that work for insurance agencies are smart and will work hard to try to get a settlement amount as low as possible.
If an individual thinks they might have trouble getting the compensation they think they have a right to through insurance negotiations, bringing a civil case forward might help them do so. Putting the dispute through the court of law often gives the plaintiff a lot more leverage.
This is because the insurance company will have less say in the final total should the case proceed to trial. In a trial, a judge and jury will get to decide what is fair. An insurance company knowing this might be more than they’d like to pay could be more likely to settle prior to a case going to trial.
At the end of the day, a civil case simply shows that one is taking a case seriously. That confidence can go a long way in getting the outcome one desires.
The Car Accident Lawsuit Process
If you wanted to bring a lawsuit forward through the civil court system, how would you go about it? It can be complicated if you’ve never attempted to bring forward a lawsuit before.
You might need to ask around about ‘an accident lawyer near me‘ to find someone with experience to help you go through the following steps.
The beginning of the process will be getting the ball rolling on the lawsuit itself. You will need to file something known as a complaint with the civil court system in your area. A complaint is simply a document that lays out the incident and the damages you believe arose from the accident.
The document should also lay out the legal basis for the case and why you should be able to receive compensation from the other party. As we suggested, an attorney can help you create this document and ensure it will pass through the court system without interruption.
The complaint will then need to be served to the defendant so that they are made aware that a lawsuit is being brought against them. There are many rules for serving a defendant that an attorney can help ensure that you follow.
Rules vary from state to state and sometimes even at the local level, so it’s important to do your research and ensure you’re compliant with these regulations. After serving the individual or entity with your complaint, they will have thirty days to respond.
When they do respond, they will either admit to or deny the allegations you provided. They will establish the legal defenses they think they have a right to.
Filing a Civil Lawsuit for a Car Accident
If you’ve been injured on the open roadway, what are your options? You could seek compensation by making an insurance claim against the opposing driver’s insurance. You could also bring a civil lawsuit for a car accident forward.
There are advantages and disadvantages to both options. The above information can ensure you understand the process and pick the right option for your case.
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