In addition to dealing with the physical and emotional trauma, the aftermath of a car accident brings legal implications. If you find yourself in this situation, a car accident lawyer can explain the process of filing and litigating a lawsuit.
By familiarizing yourself with the steps, you can prepare to deal with complex legal proceedings.
After a car accident, you have several ways to seek financial compensation. Many car accident victims will opt to begin the legal process by filing a claim with the responsible driver’s insurance company.
Insurance companies can make life difficult. They may deny your claim or try to drag things out for as long as possible to increase your sense of financial desperation.
At some point in the claims process, you may have to take the case out of the insurance company’s hands and file a car accident lawsuit.
In other instances, your car accident attorney may advise you to begin the legal process in court.
However, just because you file a lawsuit against the responsible driver does not rule out the possibility of a settlement.
No matter why you file a lawsuit, you must put up the strongest showing possible to put yourself in the best legal position. You may have to fight for the right to receive any compensation, or you and the insurance company have different opinions of how much money you deserve for your injuries.
Either way, you may need to persuade a jury that you have the right to get paid and how much money you should receive. The car accident lawsuit process is how you and the insurance company prepare and make your cases to the jury before its ultimate ruling (should your case reach that stage).
You need a car accident attorney when filing a car accident lawsuit.
An experienced car accident lawyer will help you build your case if you need to present it to the jury. Whether it is performing the background investigation that helps prove your case or dealing directly with the insurance company, your car accident lawyer’s job is to work to put you in a position to get paid top dollar for your injuries.
Speak with one now if you have not already hired a car accident attorney. Even though car accident trials are rare, you must prepare for the possibility that your case may go before a jury and always treat insurance companies with a healthy skepticism.
You should know what can happen during the lawsuit process as part of your understanding of your legal case. A car accident attorney can explain how the legal process works and your rights when you have suffered an injury in a crash that was someone else’s fault.
Car accident attorneys have extensive knowledge and experience in handling cases similar to yours. They understand the laws and regulations surrounding car accidents and can provide guidance on the best legal strategies to pursue your case.
With their experience, car accident lawyers can assess your claim’s strength, determine the parties’ liability, and negotiate with insurance companies on your behalf. Their knowledge allows them to handle the legal system efficiently and effectively.
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If you have already attempted to go through the car accident claims process, the lawsuit is a continuation of it to an extent. You are still up against the same insurance company, which may have already given you trouble during the initial claim.
Insurance companies must protect their policyholders from lawsuits. They will call the shots for their policyholders during the lawsuit process and hire a lawyer to defend them in court. Their driver is the named party in the lawsuit, and they are ultimately on the hook for damages.
Insurance companies may pay for your damages up to the amount of the policy limit, but the driver must pay any jury judgment over and above this amount.
Here is what you need to know about the individual steps in a car accident lawsuit:
Discovery is make or break for your car accident case. Your car accident attorney can question the other driver in the crash and the defendant’s witnesses. You can also obtain physical evidence, which can help in your case.
Depositions are one of the most important parts of the discovery process. Here, lawyers will question witnesses under oath to learn how someone may testify at trial.
The insurance company’s lawyer wants to see if you will make a credible witness if you testify at trial. If the insurance company sees that you can tell your story persuasively and the facts of the case are on your side, it may not want to fight you in court.
Although the trial is the final part of the process (except for an appeal if you or the insurance company disagree with the jury’s verdict and believe it made an error), few car accident lawsuits reach that phase.
You may resolve a case in advance of a jury trial in several ways:
Insurance companies are more likely to settle your case on more advantageous terms when they see that you have firm proof of their driver’s negligence and that you can support the damages you claim.
You must have a car accident attorney to build your case through a strong legal complaint and the discovery process.
Your attorney can gather key evidence, such as police reports, witness statements, and medical records, to build a compelling case on your behalf. They can also work with accident reconstruction experts and other professionals to establish liability and determine the extent of your damages.
If you cannot settle your case with the insurance company, you will go to trial before a jury. In a car accident case, a judge may grant several days to each side to make their case—the more significant the controversy, the more time you can expect from a judge.
At trial, your car accident attorney will go first since you are the plaintiff and must meet your burden of proof. They will present your evidence and witnesses in front of the jury, and you will likely have to testify on the stand under oath on your behalf. Then, the insurance company’s defense attorney will also question you under cross-examination with your car accident lawyer defending you during this time.
There is little chance that you can manage the lawsuit process on your own and make a credible showing for yourself without a lawyer.
The litigation process is about much more than just speaking in court, although that is the capstone of your case.
You must build up to that point in countless motions and requests for evidence to build your case. Thus, you must have someone on your side with significant courtroom experience. A judge will not give you any extra leeway in the lawsuit process if, for some reason, you choose not to hire a car accident attorney.
An experienced car accident lawyer’s presence will show the insurance company that you are ready to fight. Hiring a car accident attorney can even decrease the chances that you end up in litigation because the insurance company may not want to risk fighting you to the end of your case.
Having a car accident attorney on your side significantly increases your chances of obtaining a fair settlement and avoiding court.
Attorneys are skilled negotiators who can advocate for your rights and
ensure that the insurance companies offer you maximum compensation for your injuries, medical expenses, lost earnings, and pain and suffering. They will assess the value of your claim and fight for a fair resolution.
Car accident attorneys have access to a network of resources that can strengthen your case. They work with investigators, medical experts, accident reconstruction specialists, and other professionals who can provide valuable insights and evidence to support your claim.
This network gives you the best possible chance of success in your car accident lawsuit.
Hiring a car accident attorney when filing a lawsuit is essential. Their experience, knowledge, and resources are invaluable when handling the legal system. They can also gather evidence, negotiate with insurance companies, and fight for fair compensation.
Do not face the legal process alone – enlist the help of a qualified personal injury attorney in Johnstown to protect your rights and maximize your chances of a successful outcome.
Marcus & Mack
