If you are the victim of a car accident, you can, of course, request compensation from whoever was at fault. However, there is a lot of other information people don’t know regarding car accident lawsuits. Many are actually very misinformed about this topic. This article will seek to explain some important information about car accident cases and what you need to know to have a successful case.
First off, insurance carriers make the claims process both confusing and difficult on purpose. They want you to think that you must file a claim and that everything else is taken care of for you. The truth is, the ball is in the court of the victim and their attorney, who must understand what steps they need to take to gain fair compensation. You don’t have to file a claim. You can exercise your rights and simply sue if you feel necessary.
If you do choose to file a claim, know the different types. A claim made against an auto insurance policy is the liability- based. This means you have to prove that the other driver was negligent and liable for your injuries.
Next, the “car accident law” does not exist. They are actually personal injury cases bases on a combination of different laws.
You should also know that in this type of case, you, the victim knows as the plaintiff. The person responsible is the defendant.
Insurance carriers have to defend their client even if they should be liable; so if you sue someone, their insurance company has to provide them an attorney or otherwise protect them.
It is also important to note that if your case goes to court, the judge and jury are the ones who determine whether or not the plaintiff is owed by the defendant. Going to trial takes a lot of time and money. This is why insurance claims are often the better route to choose. However, claims are not actually intended to benefit the victim in the case so they should be treated like a trial case.
Treating a claim like a case is imperative because it shows the insurance company how you would present the case in court. It is a way of saying to them that they should settle now because you are prepared to put up a fight in court.
Last but not least, it is important to be aware of the rules and decorum that go on in court. For example, you can’t miss the statue of limitations deadline or you won’t have a case anymore. You don’t want your case thrown out for a simple mistake like this.
So how do you win a car accident case?
- First, you need to prove some type of negligence on behalf of the defendant: ordinary, negligence per se or gross negligence, or prove that some other third party is responsible instead.
- Also, you need to prove your “damages” (injuries or any other losses). If you can’t prove any damages there is no need for the defendant to pay you anything.
- If you are able to prove both of the above, and you have to file suit, you need to know the process of litigation or trying a case in court.
- Remember that in certain accident situations are “special” circumstances, including accidents where there are serious injuries, where a pedestrian was involved or a child or passenger was injured, accidents where the victim was working, one of the vehicles were borrowed or out-of-state, etc.
- You should also know some common arguments of the defense. These include failure to keep a lookout or apply brakes, the comparative fault of the plaintiff, a fault of a third party and much more.
Now that you understand these important facts about car accident cases, you should know that the severity of your damages and how effective your lawyer is are the two most important factors for how your case will turn out. Choosing the right law firm is necessary whether it is a minor or very serious case. You’ll want an experienced professional to help you obtain the compensation that you deserve.