As any car accident lawyer knows, Redan, Georgia, operates a fault-based accident system. So, responsible parties bear the costs of the crash losses. Redan car accident lawyers often help car accident victims recover compensation from the at-fault party. Notably, many car accident cases don’t get to court. Instead, the crash survivor accepts settlements from the at-fault party or insurer.
Car accident settlements benefit both parties. Therefore, many Redan collision claims are settled out of court. However, a car accident lawyer may recommend filing a car accident lawsuit in some instances. It’s thus necessary to know the different instances when your attorney can recommend approaching the court. If you’ve been in an accident, you need a lawyer to help you make these complex decisions.
Advantages and Disadvantages of Filing a Car Accident Lawsuit
Many people prefer car accident settlements. This includes insurance companies and car accident victims. Firstly, trials are unpredictable for both sides. There’s no guarantee that any party will win. However, suppose you have significant evidence supporting your claim. Then, the jury may rule in your favor.
If you win the lawsuit, you may also get a larger sum of money than you’ll get from a settlement. However, losing means that you’d have lost money prosecuting the case. This will include your attorney’s fees and other legal expenses. Therefore, a decision to file a lawsuit must be well-thought-out.
When Should I File a Car Accident Lawsuit?
Settlements are attractive because they save time and cost. However, instituting a lawsuit is sometimes the best option. So, we explain some scenarios where it’ll be best to sue the fault driver. Of course, this fact usually depends on the circumstances of the case. It’ll thus be best to speak with a lawyer before reaching a decision.
Suing When You Have Severe Injuries
Filing a car accident lawsuit may be smart if you have devastating injuries. This is because major wounds often involve significant amounts of money. Therefore, the chances of getting the maximum compensation from the at-fault party’s insurer are slim. In addition, serious injuries may require future medical attention.
In that case, it’ll be best to let the court calculate your future medical bills. Notably, your medical expenses may exceed the at-fault party’s insurance policy. An insurance settlement cannot get you the maximum compensation when this happens. However, a lawsuit opens up alternative means of getting the money.
Responsibility for the Accident Is Unclear
Liability isn’t always clear in Redan car accidents. If fault is under debate, the insurance company may try to pin it on you. In addition, both parties to the collision may also share some percentage of fault. The issue thus becomes how to ascertain each party’s contribution to the accident.
If you aren’t careful, you may bear responsibility for an accident you didn’t cause. Therefore, it may be best to file a lawsuit. The court has no stake in the case. So, its objectivity can determine the accident’s fault. Then, you can get the compensation you deserve.
When the At-Fault Party’s Conduct Is Reprehensible
When the defendant’s actions are especially reckless, the court can punish them with punitive damages. This class of damages is separate from your compensatory damages. Furthermore, Georgia courts only award punitive damages in rare cases.
This includes where the defendant’s actions showed willful misconduct, malice, fraud, wantonness, or oppression. There’s a higher standard for getting punitive damages. However, if you’re successful, you can get as much as $250,000.
No insurance company will award punitive damages against itself. So, suppose you think the at-fault party’s conduct falls within the above categories. Then, it’ll be best to file a car accident lawsuit.
Can I Still Accept a Settlement After Filing a Lawsuit?
Yes, filing a car accident lawsuit doesn’t mean that the case must get to court. Instead, it can force insurance companies to increase their low offers. This is usually the case where the insured party is wrong. Their insurer will not want to spend money on a case they’ll lose. Luckily, the law allows you to accept settlements even if you have filed a lawsuit.
A Redan Car Accident Lawyer Will Know Best Whether to Settle!
Have you escaped a Redan car crash? Then, you may be eligible for compensation. But are you torn between suing the at-fault party and accepting a car accident settlement? If you are, you need an experienced Redan car accident lawyer.
Fortunately, our lawyers at The Weinstein Firm have sufficient experience to know when filing a lawsuit is the best move. We also have a great track record of winning accident lawsuits. So, call us today for a FREE consultation on your case.