Most auto accident lawsuits are settled before they even reach the trial stage. Negotiations can begin as soon as you provide the defense with evidence of your claims. The more evidence you present, the more likely you are to avoid trial.
REASONS WHY YOU CAN GO TO COURT
Every accident is unique. You can’t always predict how an insurance company will behave during negotiations, which means you can end up in court even with strong evidence to support your claim. Some common reasons your case might go to court are:
The perpetrator is not insured. Each state requires a minimum type and level of motor vehicle insurance for drivers. However, not everyone obeys this law. Unfortunately, getting compensation from an uninsured driver can be difficult.
They failed to pay the defendant’s insurer. Sometimes the insurance company assumes they have a strong enough case to sue you and win.
Your insurance did not cover your damage through no fault of your own. Liability insurance does not always provide adequate damage coverage. It also covers non-economic damages such as pain and suffering.
Fortunately, when you hire a personal injury attorney to handle your case, they start preparing for the litigation from the start.
INCREASE YOUR CHANCES OF GETTING AN AGREEMENT
Pre-trial settlement is usually the goal of any lawsuit for personal injury. Here are some ways you can improve your chances of a quick and fair settlement:
- Avoid social media and don’t tell anyone about the accident
- Call the police immediately and report the incident
- Talking to a car accident lawyer
- Collection of evidence at the crime scene, including photos and contact information of witnesses.
- Storage of medical bills to treat your injuries
- Storage of receipts or property damage reports
Judd Shaw Injury Law attorneys can help you accurately assess your claim and gather the evidence you need to reach a settlement. Contact us today for a free case assessment.
DO YOU ALWAYS GET A SETTLEMENT FROM A CAR ACCIDENT?
No, you will not always receive compensation in the event of a car accident if the insurance company believes that the accident was your fault, or you cannot prove that the accident was not your fault.
How you receive severance pay can depend on many factors. First, it depends on whether you live in a debt-free state. If you live in a debt-free state, the insurance company is responsible for all your claims, including medical bills. However, if the accident was the fault of the driver, you may be entitled to sue the other driver for damages instead of your insurance company.
If you are at fault for an accident, you are generally not entitled to compensation. Instead, your insurance company is liable for the other driver’s damage. This assumes that you have car insurance in the first place, because if you don’t have insurance, you will usually have to pay for any damage out of your own pocket. If you do not have the financial means to pay for this damage, you will have to raise your assets.
Even if you are not at fault for the accident, you must prove that the other driver was at fault in order to receive compensation. If you show up to a resolution hearing without proper documentation and evidence, you may not be able to get any compensation at all. This is why it is so important to document the scene immediately after the incident.
If negotiations are not successful in the settlement process, you have the option to take the case to court. In this case, you need a lawyer to represent you. Generally, lawyers will only agree to take your case to court if they are confident that you can win the case. Because of this, most lawyers only agree to receive money if you win.