When Should You File a Car Accident Lawsuit?
Should you file a lawsuit after every car accident you find yourself in? The reality is that it depends on the severity of the situation. It may not be worthwhile to go through the entire lawsuit process for a minor fender bender that didn’t result in any injuries. Essentially, you need to weigh your options and see if it would be worth it to try and file a lawsuit.
Certain situations may constitute filing a legal lawsuit. For example, if the accident was significant enough to cause severe injuries to yourself or a loved one, you may need financial compensation to cover medical bills and long-term medical care.
It may also be helpful to get the courts involved if there are disputes over who is at fault for the accident during the settlement process. The other party may also try to give you insufficient settlement offers that won’t cover your expenses and refuse to budge. If you’ve tried to settle the issue outside of the court system and you’re not getting anywhere, a lawsuit may help get things moving.
Filing formal car accident lawsuits comes with its risks and benefits. The lawsuit process can take years, and it requires a significant investment of your time and money. However, you also have better odds of receiving the justice and compensation you deserve. At the end of the day, you need to consider your options and decide whether the risks are worth the rewards in your situation. Keep in mind that you have 2 years from the date of the accident to file a lawsuit in the state of California.
Types of Car Accident Claims
When you decide to file a claim, there isn’t a specific claim for car accidents. There are specific claims you can file depending on the type of damages you want covered. Whether you want medical bills covered or car damage covered, you need to file a separate claim for each. This process ensures all of your damages are clearly laid out and covered in full with nothing slipping between the cracks.
- Personal Injury Claims: These claims cover any damages associated with injuries you sustained from the accident. This can include medical bills, long-term medical care, medical supplies, short-term disability, and long-term disability. These claims also cover non-economic damages such as pain and suffering, permanent disfigurement, and loss of quality of life.
- Property Damage Claims: These claims earn you compensation for damage to any personal items. This includes your car and anything in your car that was damaged, such as your phone.
- Wrongful Death Claims: Wrongful death claims occur when an individual dies in a car accident due to the negligence of another party. There needs to be a clear connection between their negligent behavior and the death of the individual.
- Product Liability Claims: If the accident was caused by a defect with the car, then you can file a product liability claim. This claim goes against the car’s manufacturer since they sold a faulty product that led to a serious car accident.
Common Causes of Car Accidents & Liability Issues
Not all car accidents are caused by driver negligence or improper driving behaviors. In some cases, outside factors out of the driver’s control can lead to a collision. Common causes of car accidents include:
- Driver Negligence: This can include harmful driving behaviors such as driving distracted, swerving, driving under the influence, and any other behavior that puts other drivers on the road in danger.
- Highway and Road Defects: Improper traffic signage, poor road conditions, and other unsafe conditions can increase the risk of an automobile accident.
- Vehicle Defects and Recalls: If a car is sold to the public with a safety defect, regardless of whether or not there’s a recall for it, this puts the driver in danger of a car breakdown that results in a collision.
- Medical Emergencies: Sometimes, a driver can have a medical emergency behind the wheel. These events are unpredictable and uncontrollable, and they can lead to a terrifying situation on the road.
- Weather Conditions: Rain, snow, fog, and other weather conditions can limit your field of view and create slick road conditions. This increases the risk of getting into an accident.
It’s important to note that some states, like California, follow comparative negligence laws. This means that you could be found partially responsible for the accident but still earn compensation. Your percentage of fault for the accident is taken from the maximum compensation amount you can earn. For example, if you’re found 20% liable for the accident, you can still earn up to 80% of your maximum compensation.
Steps in Filing a Car Accident Lawsuit
Step 1: Hire an Attorney
Once the dust settles after an accident and you’re not in any immediate danger, the first thing to do is hire a local attorney. They know the lawsuit filing process inside and out, and they’ll fight hard to make sure you get the financial compensation you deserve.
Step 2: Gather Evidence
Now that you’ve gathered your team, it’s time to collect your evidence. This includes getting photos and videos of the accident scene, the state of your car, and any other on-site evidence. In addition, you can also collect the police report from the incident and any statements from nearby witnesses.
Step 3: File a Claim
With your evidence in hand, the next step is to file a formal claim. Your attorney will work with you to build a strong case before sending it over to the defendant.
Step 4: Discovery Process and Depositions
This step involves exchanging documentation with the other party as well as interviewing potential witnesses. These ensure both parties are properly informed about the claim and have time to prepare for the negotiations.
Step 5: Negotiate a Settlement or Proceed to a Trial
Your team and the defendant will start negotiating a settlement outside of the court. If the negotiations aren’t going anywhere, you may need to take the claim to trial. This begins the automobile accident litigation process.
Settlement vs. Trial: Which is Better?
If you’re seeking compensation after a motor vehicle accident, is a settlement better than a trial? The short answer is that it depends on the circumstances. Settling a claim outside of court is generally faster than taking it to court, and it costs less in legal fees. However, a trial can lead to a bigger payout if the opposing party tries to sell you short on a settlement amount.
Most cases settle before having to go to trial. Insurance companies don’t want to deal with the legal fees and time investment of a court trial, and they want to settle the issue as quickly as possible. However, if both parties can’t agree, mediation in a court trial may be what’s needed to get things moving again.
What Happens During a Car Accident Trial
If your lawsuit makes it to a trial, the jury will hear your case and decide who is liable for the accident as well as the damages that need to be compensated. The key stages of a car accident trial include:
- Opening Statements: Both sides will give a brief introduction to the court about the case and their client’s stance on liability and compensation for the accident.
- Presenting Evidence: Both sides will get a turn to present their evidence that supports their side of the argument. The jury will consider this when making their decision.
- Witness Testimonies: If either side has any eyewitnesses they want to present, they’ll be interviewed at this time.
- Closing Arguments: Once all evidence has been presented, each side will give a closing statement summarizing their argument and making a case for their side of the story.
How Compensation Is Calculated in Car Accident Lawsuits
Compensation is meant to financially cover any damages from the accident. Your attorney will calculate all of the damages and demand that amount in compensation. This includes various types of damages such as:
- Economic Damages: Medical expenses, lost income, property damage, short-term disability, and long-term disability.
- Non-Economic Damages: Emotional distress, pain and suffering, permanent disfigurement, loss of companionship, and loss of quality of life.
- Punitive Damages: Extra damages that are added to claims to punish the defendant for negligent behaviors that led to the car accident.
Challenges in Car Accident Lawsuits
Filing a lawsuit for a car accident comes with hurdles you’ll have to overcome. Insurance companies don’t want to pay you the full compensation you deserve, so they’ll try to lowball your settlement to get you to agree faster. If that doesn’t work, they may try to stall the process long enough until you give up and drop the claim. When you keep fighting, these companies can get aggressive in their tactics and try to scare you out of asking for more money.
Along with dealing with insurance companies, comparative negligence laws make liability and compensation a little trickier. You’ll need to have a strong case to prove fault and get the compensation amount you deserve.
Secure the Compensation You Deserve with Compass Law Group
When you’re assembling your legal team to file a car accident claim, you want an experienced attorney who knows how to work the system and fight for your compensation. Negotiating a settlement or taking the case to trial can get messy, and you want someone who’ll stand by your side and treat your case with the respect you deserve.
For fast, reliable legal advice in Los Angeles, look no further than Compass Law Group, LLP. Our team of car accident attorneys will point you in the right direction and help you navigate the intricacies of the legal system. We’ll fight for your rights and the compensation you deserve. Contact us today to schedule a free consultation!
