There are two kinds of people involved in disputes. The first are those who want to settle as soon as possible without going to court and those who aren’t afraid of litigation. As a car accident victim, chances are your first option is compensation to recover the money spent on medical bills and vehicle repairs.
However, there are instances where you cannot but file a car accident lawsuit. This is especially so when your lawyer convinces you that you would get more compensation from litigation. But, they fail to tell you that a lawsuit can be a long and complicated process where you’ll spend a lot of money and time.
In this article, our Marietta auto accident lawyers look at things you should consider before suing a fault party. We offer car accident victims excellent legal advice and representation.
What Should You Consider Before Filing a Car Accident Lawsuit?
If you’re considering skipping the insurance claim process to commence a personal injury lawsuit against the fault party, here are things to consider.
Do You Have a Good Case?
You and your attorney have to answer this all-important question. If you do not have a solid case, chances are you will lose the car accident lawsuit, wasting time and resources. This is why you should always consider an insurance claim before litigation. During the claim process, you’ll be able to determine the strength of your evidence or weakness thereof.
In knowing if you have a good case, ask yourself if the fault party owed you a duty of care. Next, ask if the person breached that duty and caused you harm, which resulted in damages. If the answer you get is yes all through, then you have a good case.
Have You Tried to Get a Settlement and Failed?
One thing you should know is that every case goes through a reconciliatory process before proceeding to trial. So, it is wise to try to reach a settlement agreement with the fault party’s insurer before filing a car accident lawsuit. The only time you should abandon an insurance claim is:
- When the insurance adjuster makes you a low-ball offer
- When the insurance adjuster rejects your claim
- When the insurance company delays the settlement process, and the case is about to become statute-barred
In the case of a low-ball settlement offer, take a realistic look at the case, and ask for the reason for the low offer. You might find that the insurance company has a valid reason. Plus, you’ll keep yourself from filing a car accident lawsuit that would end in the same conclusion.
Will You Be Able To Collect a Judgment if You Win
People file lawsuits after a car accident because of the fault driver’s lack of auto insurance coverage. If the at-fault driver is not insured, the only recourse the victim has to get damages is the court. However, before commencing litigation, you should find out if you’ll be able to collect a judgment sum.
It follows that a person who cannot afford auto insurance coverage might be unable to pay the judgment. This happens more often than not. Thus, investigate to see if the fault party can pay the judgment out-of-pocket. Doing this would keep you from spending money on a lawsuit — in addition to what you already spent on medical bills — and not recovering damages in the end.
Are You Within the Applicable Statute of Limitations?
Most people are not aware there’s a timeframe to commence a car accident lawsuit, so they file out of time. If you commence a legal action after the case is already statute-barred, it is void ab initio (from the beginning). Hence, contact a Marietta auto accident lawyer to determine if your case is still within the applicable Statute of Limitations.
Do You Have the Time and Resources To Devote to a Lawsuit?
A car accident lawsuit, like other forms of litigation, takes time and resources. You need to pay for things like filing fees, service fees, hiring expert witnesses, etc. The lengthy-time discovery and interrogatories also affect the lawsuit. Thus, ensure you can patiently wait, have the money to spend, and you’re not in a hurry to get compensation. If you have the time and resources and a strong case, you might recover all that you spent in addition to the judgment sum.
Get Help From a Premium Marietta Car Accident Lawyer!
If you’ve considered the above and still want to proceed with a car accident lawsuit, you need an attorney. At The Weinstein Firm, our Marietta auto accident lawyers have the trial experience to win any case and get you the amount you deserve. Contact us today for a free case review.