As a car accident survivor, you may pursue compensation for your resulting injuries and losses through a car accident lawsuit.
Filing a lawsuit may seem daunting, but a legal claim may give you the best chance of obtaining the justice and financial recovery you deserve. Acquiring legal representation from a qualified San Jose car accident attorney can make the process less stressful and overwhelming.
Why File a Car Accident Lawsuit?
After an auto collision, you don’t always have to file a lawsuit to receive compensation. However, in certain situations, filing a lawsuit is the best course of action to recover financially.
Every case is unique, and circumstances vary. Still, the following circumstances often require filing a car accident lawsuit.
Policy Limits Aren’t Enough to Cover Your Losses
Following a car accident, you may start by filing an insurance claim rather than skipping straight to the lawsuit. In some cases, going through insurance will recover appropriate compensation, and you don’t need to file a lawsuit.
In other cases, the value of accident-related losses far outweighs that of policy limits. You may need to look at available coverage.
Policy limits vary by state-required minimum insurance and policyholders’ personal preferences. For example, if your losses equal $50,000 but the at-fault party’s limits are $25,000, the insurance company won’t give you more than the policy limits. In such situations, you may need to file a lawsuit to get the additional compensation you need.
The At-Fault Party Doesn’t Have Insurance
Almost every state requires minimum car insurance. Driving without insurance can land you in legal trouble, but it also presents many challenges after a collision.
After a car accident with an uninsured party, you may consider filing a personal injury lawsuit against the individual. This may recover financial compensation from the responsible party.
The Insurance Company Isn’t Willing to Settle Fairly
If there’s one thing to know about insurance companies, they are out for themselves, constantly looking for ways to escape liability and avoid paying you what your claim is worth. This is especially true in cases involving extensive injuries and property damage, requiring a greater payout.
You may need to battle with the insurance company for fair payment. Even with a fight, the insurance company may stick to its guns and refuse to settle your claim for any remotely fair amount.
When the insurance company refuses to negotiate and settle, you may need to take further action and file a car accident lawsuit.
What Happens in a Car Accident Lawsuit?
The car accident lawsuit process is a great mystery if you never went through it before. The unknown can contribute to feelings of anxiety and restlessness, as you may feel lost and unsure of what to expect.
The lawsuit process steps are generally the same in almost every case. Of course, because every client and case differs, your situation may vary slightly from others.
Understanding what you can anticipate from your car accident lawsuit can help you feel more comfortable and confident. Hiring a car accident attorney can contribute to these positive feelings, as your lawyer can be your biggest ally and support throughout your case, helping you feel less alone in your struggles.
Prior to Filing Suit
There are usually several steps you’ll take before getting to file your lawsuit. Sometimes, cases resolve before there’s even a need to file a legal claim, so what happens before the lawsuit can have a strong impact on the outcome of your case.
Consulting a Car Accident Lawyer
The very first step should be consulting with an experienced car accident lawyer. An attorney can take over your case and handle all case-related tasks, ensuring your claim is handled promptly, correctly, and efficiently.
Investigating Your Accident
Based on the complexity of your case, your lawyer may investigate your collision. During this time, your attorney can obtain pertinent information and details regarding crucial factors that strongly affect your case, including cause and fault. Additionally, they can gather available evidence, such as police reports, medical records, and surveillance footage, to start building your case.
Filing an Insurance Claim
As mentioned, you may start by filing a collision claim before filing your lawsuit. The insurance claim process depends on whether you’re in a fault or no-fault state.
In fault states, you can file a third-party claim with the at-fault driver’s insurance company to obtain compensation. Conversely, in a no-fault state, you will file a first-party claim with your insurance to obtain compensation.
After filing your claim, the insurance company assigns your case to an adjuster. The adjuster takes the time to investigate your accident and determine what they believe is the monetary value of your losses. Once their investigation concludes, they render their decision and notify you whether they approved or denied your claim.
If they approved your claim, you’ll need to decide whether their settlement offer is fair. If it’s too low, your lawyer can attempt to negotiate.
Receiving a claim denial doesn’t necessarily mean the end of the road. You may still file a lawsuit even if the insurer denies your claim.
Sending a Demand Letter
If the insurance company offers a fraction of your claim is worth or denies your claim, your attorney can take further action. It usually starts with sending a demand letter.
A demand letter is a letter your lawyer sends to the insurance company. In the letter, the insurer will find information about your accident, resulting injuries and damages, and details concerning their insured’s fault. Your attorney can also include supporting documentation to substantiate their claims.
At the end of the letter, your lawyer includes a monetary figure representing the value of your collision-related losses and requests payment for said amount. Additionally, the letter informs the insurance company that, should they fail to settle the claim, your attorney will not hesitate to file a lawsuit.
Sometimes, the threat of legal action is all that’s necessary to get the insurance company to cooperate. The insurer may agree to settle your claim for the amount requested or communicate with your lawyer to negotiate.
Other times, insurance companies don’t respond so favorably. If the insurance company does not agree to settle, your attorney can proceed with filing your car accident lawsuit in court.
During the Case
Once the pre-lawsuit portion of your claim is done, you can move on to the lawsuit process. The following provides some insight into what you can expect.
Initiating Your Car Accident Lawsuit
To initiate your lawsuit, your lawyer will draft a petition informing the court of the legal issue and detailing the relief requested. The petition, any supporting documentation, and appropriate fees are filed with the court.
After the petition is filed, the opposing party gets notification of the impending lawsuit through the service of process. Upon receiving a copy of court documents, the defendant has a set number of days, typically no longer than 30 days, to file their response to your claims in a formal court filing.
Going through Discovery
Discovery is the time in the lawsuit process that allows parties to request and acquire information from several parties, including parties to the case, witnesses, and experts. Attorneys have specific legal tools, including interrogatories and depositions, to help them get the particulars they need to strengthen the case.
Because discovery is the most essential part of a car accident lawsuit, it’s also the most time-consuming. There is no average time you can expect to spend in this stage, as discovery can take anywhere from just a few weeks to many months and even longer.
The case can proceed to the resolution phase once parties have gotten what they need and discovery concludes.
Resolving Your Case
Resolution for car accident cases usually comes in one of two ways: settlement negotiations or trial. The method used to reach a resolution varies depending on the case’s intricacies and the parties’ willingness to cooperate.
Settlement is the ideal situation, and fortunately, most personal injury cases (including car accident cases) resolve during settlement negotiations. Negotiations involve communicating back and forth with the opposing party and making offers to one another to try to reach a middle ground. A skilled car accident attorney’s negotiation skills are handy during this stage.
If the case cannot settle, you can take your case to court. During trial, you place the outcome of your case in the hands of a judge or jury. They’ll listen to attorneys’ arguments and consider the evidence and testimony presented. Once both sides rest, the judge or jury renders the decision.
After the Case Resolves
When your car accident lawyer can secure a favorable settlement, your money will quickly come to you. You’ll need to sign certain documents, most importantly a release promising to avoid pursuing further compensation for this case, which the insurance company will review. Once the insurer approves everything, they’ll send your check to your attorney’s office, and your case ends.
When cases go to trial, the resolution looks a bit different. The judge or jury will render their verdict, and the outcome depends on whether you win or lose your case. When you win, the insurance company must pay the amount according to the verdict, depending on the judge’s or jury’s opinion.
Should you disagree with the verdict, you can appeal. Appeals challenge previous legal determinations in a case, making the outcome subject to change.
Regardless of how your case resolves, you can count on your car accident attorney to support you from beginning to end.
How Long Does the Car Accident Lawsuit Process Take?
One of the most pressing questions people have after car accidents is how long the entire lawsuit process takes. Because every case and circumstance differs, nobody can say precisely how long your case may take. Your attorney can give you an idea based on their previous experiences, but certain details can cause your case to take more or less time to sort out.
Following a Collision, Don’t Wait to Take Legal Action.
Consult a Car Accident Lawyer Today
A car accident lawsuit may give you the greatest chance of getting an advantageous case result and the compensation you need for future financial support.
You have limited time to file a lawsuit and want to avoid missing strict deadlines and forfeiting your right to compensation. Hiring a San Jose personal injury lawyer early in the process can give you the peace of mind you need during a taxing time. You will not have to worry about what steps to take once you have a trusted attorney leading your case, as they will handle everything.
During your free consultation with an attorney, they can give you qualified insight into what you can expect in your car accident lawsuit. Minimizing surprises and knowing what to anticipate can ease your mind and help you go into your legal case more confidently.
You have nothing to lose with a no-cost, no-obligation case evaluation today. Act now, as the law limits your time to file a lawsuit after a car accident, and you do not want to risk losing important rights.
Robert Bohn, Jr.
Attorney
For more than 40 years, the lawyers at Robert Bohn, Jr. has dedicated their practices to personal injury law, representing people who have been injured or damaged due to the negligence or carelessness of others. For most people, handling a personal injury claim can be complicated and stressful.
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