How to File an Accident Lawsuit
Stages of a car accident lawsuit
Before a car accident lawsuit goes to trial, both parties will need to gather evidence. This pre-litigation stage is commonly known as the “pre-suit” phase. In this stage, both parties will have an initial consultation with their lawyers to discuss the facts of the accident and gather evidence. During this time, the plaintiff’s lawyer will present his or her side of the story and the defense’s will present its side of the story.
Finding witnesses in an accident lawsuit is an important part of proving liability. There may be witnesses who saw the crash, heard the sounds, or called 911 but didn’t come forward. Using public records to find 911 calls on the day of the accident can help you identify the caller and request their testimony.
Filing a lawsuit
After a car accident, you may have to decide whether to settle for less or file a lawsuit for more money. If you are able to accept a fair settlement offer, you should do so. However, if you do not get what you deserve, you may need an attorney to help you pursue a lawsuit.
Negotiating with the other driver
Before negotiating with the other driver, you should collect all of the necessary information at the scene of the accident. This includes the other driver’s insurance information, any medical bills, and any long-term physical effects of the accident. The more detailed and specific the information is, the easier it will be to prove the extent of damage and injuries. The other driver’s insurance company cannot dispute your expenses if you have detailed information on the incident.
Damages awarded in a car accident lawsuit
Damages in a car accident lawsuit vary depending on the type of accident and the level of damage incurred. There are two main types of damages, economic damages and non-economic damages. The first type compensates victims for any non-monetary damages caused by the accident. This category includes losses such as emotional distress, pain, and mental anguish. The second type of damages is punitive, which is meant to punish the at-fault party and discourage further bad behavior. Punitive damages are typically reserved for more serious car accidents.
Dealing with the insurance company
If you’ve been injured in an accident, you’re probably concerned about dealing with the insurance company. After all, they are in the business of protecting their bottom line, and they’ll do anything they can to minimize your damages. However, there are ways to ensure that your accident lawsuit will get the maximum amount of compensation you’re entitled to.
Also read: How long does an accident lawsuit take to settle in Buffalo, NY?
Accident lawsuits are not that difficult to deal with but you need to be sure that you take all the right steps. This is why it is so important to have an experienced attorney in your corner who can guide you through the process. This is especially the case when you suffered serious injuries and you need to get treatment.