Taking Legal Action After an Accident
You have the right to protect your health and well-being from the immediate and long-term effects of a car accident. You deserve to demand accountability and be compensated for your suffering, especially when not at fault, and taking legal action filing a lawsuit can provide remedy.
You can expect the other party to set up a strong defense that can reduce the car accident compensation you deserve or drop the charges altogether.
An accident lawsuit can be an uphill battle if you are not prepared for it.
This guide will walk you through on how you can strengthen your car accident lawsuit so you can walk out of the courtroom victorious so you can claim the compensation you deserve.
Free Case Evaluation
FILL OUT THE FORM BELOW
TO REQUEST YOUR CASE REVIEW
Understanding Car Accident Laws
Before we get into ways that can help make your car accident lawsuit stronger, it’s important to learn how car accident laws work in the country. For that matter, we will need to understand the concepts of fault and negligence.
Since they are licensed to operate a vehicle, motorists are expected to exercise care in protecting themselves and others from injury. The failure to practice a reasonable amount of care is referred to as negligence. This can take numerous forms, such as a failure to obey traffic rules and driving under the influence of drugs and alcohol. In some cases, failing to repair a vehicle with performance issues can also be considered negligent.
Establishing negligence is one of two things that are needed to get compensated after a car accident, and the other is fault. Since car accidents fall under tort law (which covers harm or losses caused by one party on another), it’s essential to know who acted negligently resulting in the accident. The driver who disobeyed traffic laws or acted recklessly is considered at fault and should be liable.
However, the concept of fault varies from state to state. In states like California and Texas where at-fault laws apply, the negligent driver is required to provide compensation following an accident. When Accidents in no-fault states happen, like in Michigan and Florida, everyone is required to pay for medical expenses and property damage regardless of who caused the accident if the serious injury threshold isn't met. That is why motorists in no-fault states are required to have personal injury protection coverage.
- Personal Injury Lawyers
- Truck Accident Injury Lawyers
- Tanker Truck Accidents Lawyers
- Delivery Truck Accident Lawyers
- Drunk Driving Accident Lawyers
- Hit-and-Run Accident Lawyers
- Rideshare Accident Lawyers
- Motorcycle Accident Lawyers
- Pedestrian Accident Lawyers
- Fatal Car Accident Lawyers
- Wrongful Death Lawyers
When Claims Fail
In many cases, the parties involved in a car accident can arrive at a settlement through a claims process. If you were involved in an accident in an at-fault state, you can file a claim with the other party’s insurance carrier. This is not the case in no-fault states where you have to file a claim with your insurance provider first.
The claims process is preferred since it’s the easiest route to take for people who have sustained non-fatal injuries. You can demand a certain amount from the other party and their insurer. They will try to justify a lower amount, so you may have to come up with a counteroffer that’s still in line with your needs. There is going to be a lot of back-and-forth during the negotiation, so it’s important to have an attorney who can advise you at every step of the way.
If you still can’t get the other party’s insurer to accept your demands, you can proceed with launching a lawsuit. That’s not the only factor for taking the issue to court. It would make sense to file suit if the other party values the settlement lower than the actual extent of car accident injuries you have suffered and will suffer as a result.
Keep in mind that filing a suit is a high stakes game in which you will have to pay thousands of dollars in fees to initiate legal action. If you have had only minor injuries from the accident, it would be practical to accept the settlement. If your injuries and losses far exceed the other party’s offer, you might as well move forward with your lawsuit.
How to Add Teeth to Your Lawsuit
No one likes to be involved in a car accident no matter the size of the compensation. Still, if ever you experience one, you will need to know how you can increase your chances of getting a ruling in your favor. For that, here are a few tips to help you strengthen your car accident lawsuit.
1. Gather evidence from the site
Evidence is crucial to any lawsuit. For this reason, you need to take as much evidence from the ground as possible. After checking if everyone's okay and contacting emergency services, take pictures of the scene and interview pedestrians and other motorists who may have witnessed the accident.
Environmental factors can alter the scene and provide investigators a different account of what actually happened, so you need to document everything immediately. In the same way, eyewitnesses could forget details of the scene and become unreliable when they are called upon to describe what they saw. You need to interview them shortly after the accident so you can capture their perspective at the very moment the accident happened.
Apart from these pieces of evidence, you can also check for surveillance footage and police reports that can add credibility to your lawsuit. Making the effort to preserve these details will help your lawsuit prosper.
2. Seek medical attention immediately
Documenting your injuries is also critical to your success. While bruises and scratches are enough to get your claims settled, you will also need to factor in other injuries that can have long-lasting effects and can potentially affect the way you live and work. Cases of whiplash, for instance, can result in chronic neck and back pain as a result of a slipped disc. In addition, you can also suffer from memory and concentration problems as well as recurring headaches that come with persistent post-concussive symptoms.
Apart from these physical symptoms, you may also need to observe the psychological effects of the accident. Trauma and anxiety from the experience can disrupt daily life. In some cases, a car accident can also lead to a phobia of driving and even depression, especially if the accident caused the death of another passenger.
It’s important to get treated for both physical and psychological conditions so you can prove to the court that the accident has caused severe harm to your physical and mental health. You must gather diagnostic reports, evaluation results, and prescription receipts. You can also request by subpoena for your car accident doctor to appear in court so they can testify about your injuries the first time you sought treatment.
3. Hire an experienced car accident lawyer
Once you have all the evidence and medical documentation to launch your car accident lawsuit, you need to hire an attorney that specializes in this area. While you are free to pick any licensed lawyer in your state to represent your side in your legal action, it’s still best to get an attorney that has experience in helping car accident victims seek justice.
It shouldn’t take long to find one in your state, although it would help to get recommendations from people you know. That way, you are assured that the legal professional you are hiring will provide a great experience along with a high win rate. In addition, you can also check your state’s bar association which usually maintains a database of licensed practitioners.
A great indicator of competence would be the attorney’s litigation experience in the location where you experienced the accident. If it took place in Las Vegas, consider reaching out to a local law firm which maintains a proven track record in representing victims across different kinds of on-road accidents, including truck collisions, DUIs, and bike accidents.
4. Limit your social media activity
You need to cooperate with your lawyer as your lawsuit progresses. Emotions can run high as you gather all the evidence and request the other party to submit theirs. You need to avoid doing anything that could compromise your case. That means you will need to limit your social media access or avoid it altogether.
The defense is likely to search Facebook, Instagram, and Twitter for anything that could jeopardize your case. Photos of yourself attending events or doing activities that any injured person won't do will be used against you, so it's best that you abstain from social media as your lawsuit progresses. In addition, make sure to avoid talking about the case to anyone, including close friends. By keeping this information under control, you can minimize the risk of errors that will cost you a lot.
It pays to protect your health and your future from the effects of a car accident. Consider these tips to help you file suit and get properly compensated.
Final Thoughts
According to the Association of Safe International Travel, around 38,000 people die from traffic-related accidents in the United States every year. In addition, around 4.4 million more experience injuries that require medical treatment.
Regardless of how experienced you are as a driver, there is still a good chance for you to experience a car accident. Even if you’re driving sober or just parking your car by the side of the road, you are still at the mercy of careless motorists. You could end up with serious injuries or a permanent disability as a result of a collision.
Knowing how build a stronger legal case in the event of a lawsuit will help ensure you are properly compensated for damage and any injuries according to the provisions of the law.
Free Case Evaluation
FILL OUT THE FORM BELOW
TO REQUEST YOUR CASE REVIEW