If you’ve been injured in a car accident, you might have a legal claim against the person who is responsible for your injury. From this article you can learn about the basics of car accident lawsuit. What’s the process to get compensation, concepts of liability, and more.

Gathering Medical Records/bills

After a car accident, your first priority should be getting medical treatment. It is not only important for your health or life. But it helps you to collect the records of your injuries, which can be a leading factor in a personal injury lawsuit to get the compensation.

Gathering the medical records and bills is one of the significant parts of the car accident lawsuit process, which shows:

• Evidence of the injuries you experienced
• Treatment you got
• Cost of the treatment

They can prove your claim for medical expenses, which is one of the key factors of economic damages in the car accident lawsuit.

Cope with insurance

Discussing with insurance companies is another important part of the car accident lawsuit process. You should declare your accident to the insurance company as soon as possible by providing them with a copy of the police report, which describes the set of conditions of the accident.

If the other party is responsible, you may need to file the inquiry with their insurance company. This process can be difficult, since insurance companies frequently seek to reduce awards..

Pre-litigation Negotiation

Auto accidents are the main cause of injury in the U.S. Many of these injuries and death leads to car accident lawsuits.

Before filing a car accident lawsuit, there is always an option to settle the claim. You and your lawyers will contact the other party insurer, who may offer to settle the personal injury claim.

If the settlement offer is appropriate and suitable, you can agree to the insurer’s terms and receive an award in exchange for your promise not to sue. When an agreement cannot be accomplished, a personal injury lawsuit is initiated.

Car Accident Deposition

A car accident deposition is a question and answer session take place in an attorney’s office, where the injured and the witness answers series of question under the oath.

Stages of Deposition

Interrogations and declarations are critical components of the investigation process in personal injury lawsuits. They are tools for obtaining information regarding a car collision.

• Interrogations are written enquiries sent from one side in a lawsuit to the other. They assist in gathering information concerning the accident, the injuries, the insurance coverage, and any other important facts. The party receiving the interrogatories must respond in writing, under oath.

• Declarations are oral questions asked in person, typically at an attorney’s office. The person deposed (the deponent) must respond to the questions under oath. A court reporter documents their responses. Declarations can help acquire information from accident victims, witnesses, and even medical professionals.

No-fault Insurance

Litigation is less common in states with “no-fault insurance” laws. In these states, your own insurance must pay for your personal injuries up to the policy limit, unless the automobile accident involved:

• Drugs
• Alcohol
• You engaged in criminal behavior.

If your insurer refuses to pay, you may need to sue for bad faith. However, by offering a faster method of receiving compensation and removing fault disputes, no-fault insurance reduces the amount of car accident lawsuits.

The no-fault process establishes a limit beyond which a lawsuit is still allowed. States set two types of limits/thresholds:

• Monetary Threshold States — Only accidents in which medical bills above a certain limit can result in a lawsuit.
• Verbal Threshold States — Only incidents that cause particular categories of serious harm can result in a lawsuit. These include wrongful death, horrific injuries, or damages that result in lifelong disfigurement or handicap.

Some states have a monetary and verbal barrier that must be satisfied before bringing a lawsuit.

Incompetence

Car accident cases are nearly typically predicated on an assumption of carelessness in places where no-fault laws do not apply or when criteria have been met. When someone who owes another person a duty of care behaves irresponsibly and their actions—or inaction—cause harm to another person, that behavior is considered negligence.

It is the responsibility of every motorist to observe traffic laws, maintain their vehicles in excellent working order, drive at a reasonable speed, and be aware of their surroundings. In cases involving personal injuries, driving while inebriated or under the influence of narcotics and breaking traffic laws may give rise to an inference of negligence.

Comparative and Contributory Negligence

Certain states use theories of negligence that, in cases when the injured party’s acts were also negligent, can lessen or completely eliminate the driver’s liability for injuries. We call these comparative and contributory negligence.

• Contributory Negligence: In cases where the victim’s own carelessness had a part in the collision, this may completely waive driver guilt.

• Comparative Negligence: In cases when the victim’s carelessness played a part in the collision, this may lessen the at-fault driver’s responsibility.

Two categories are further distinguished within comparative negligence:

• Pure Contributory negligence: This type of carelessness allows the person who was hurt to get some compensation for their losses even if they were more at fault than the other driver.
• Modified Comparative negligence: Recoveries for car accident victims are restricted under modified comparative negligence when their degree of blame exceeds a certain threshold. If the victim bears more than 50% of the blame, they may not be able to recover in several states.

Types of Compensation

There can be different claims for compensation in the result of a car accident lawsuit. These claims may include damages related to:

• Medical expenses
• Property damages
• Lost wages 
• Pain and suffering
• Punitive damages, where the offending party’s deeds were terrible or deadly.

Trial by Jury for Car Accident Lawsuit

A jury trial may be necessary in order to decide the car accident lawsuit if a settlement cannot be reached. Both sides will present their cases during the trial, bringing forth supporting documentation like:

• Bills and medical records
• Statements from experts or witnesses

Subsequently, the jury will determine the amount of compensation that the winning party should receive as well as who was at responsibility in the accident. Both non-economic damages (like pain and suffering) and economic damages (like medical costs and lost wages) may be included in this.

Considering a Car Accident Lawsuit? Ensure a Better Result By Seeking Legal Assistance From a Lawyer Specializing in Personal Injury

Even prior to filing a lawsuit, car accident claims typically include a number of exchanges and settlement talks with insurance adjusters. It is a fact that insurance businesses will have attorneys, and occasionally a full legal team. Make immediate contact with a local car accident lawyer if you’re thinking about filing a civil case following an automobile accident.

Numerous personal injury attorneys take cases on a contingency basis. There will be no up-front costs. Legal fees are only due in the event that your case is successful and you are awarded compensation.

Consumer help group can also help you to file a lawsuit for your car accident and other motor vehicle accidents. Our free consultations make it easy for individuals to determine if they qualify for compensation, enabling Florida personal injury law firms and other personal injury law firms to serve those in need better.