After an accident, medical expenses and vehicle repair costs can rack up extremely quickly. Although you may receive compensation for these expenses from the guilty party’s insurance company, there are often caps to the amount of money that can be released. These limitations can result in your inadequately covered costs, leaving you with little choice as to how to pursue the coverage further. When this happens, you may need to file a lawsuit. A lawsuit will ensure that you receive coverage for the total of your expenses and that the guilty party receives the appropriate punitive action in more severe cases. Thanks to Ellis Injury Law, a law firm in California, we’ll walk through the steps you’ll take for filing a lawsuit.
Filing a Lawsuit Against the Negligent Party
One of the first steps in filing a lawsuit after an accident is that of determining liability. This process is influenced by the state in which you reside. In fault-based states (also known as “tort states”), it is your responsibility to prove the liability of the other party to receive compensation from their insurer. In no-fault states, on the other hand, you receive compensation via insurance for injuries regardless of liability.
(If the compensation awarded to you is inadequate, meaning it is less than the total of your expenses, this is what calls for the lawsuit. Filing a lawsuit ensures that you receive full compensation, even if the policy caps are below the requested amount.)
You and your lawyer will need to work through all existing evidence about the crash to demonstrate the other driver’s negligence. Once this evidence has been gathered, in the form of witness testimonies, traffic camera footage, police reports, and all necessary media, your lawyer will be ready to prepare the lawsuit. Based on the documentation, your lawyer will file the lawsuit requesting full compensation for economic losses and non-economic damages, depending on the circumstances.
After the Lawsuit is Filed
After your lawsuit is filed, settlement talks will begin between the defendant’s counsel and your car accident lawyer. During this time, the defendant’s counsel may offer a settlement deal, which you could accept or reject. Your lawyer will guide you in determining whether the offered amount is appropriate to cover your expenses. If the result is a rejection of the deal, the case will then go to trial.
You will then be required to attend a trial concerning the collision. Your lawyer will interrogate you on the stand, along with experts and other witnesses. They will present all gathered evidence, which, combined with the questioning, will successfully prove the other driver’s fault. The trial may result in a higher settlement than what was initially offered, or no award at all.
The outcome depends partially on the expertise of your lawyer. To ensure you get the exact compensation you need and are not cheated by a low ball settlement offer, get in touch with an experienced car accident lawyer today. They will guide you through each step of filing a lawsuit and make sure your recovery is streamlined and stress-free.
