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Car Accident
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(877) 880-4090After a motor vehicle accident, you likely want to tend to car repairs and your injuries quickly and thoroughly to get back to your routine. If things do not go the way you planned with the other driver or an insurance company, you and your car could be out of commission longer than you prefer. Fielding Law wants to help you know when it makes sense to file a lawsuit after a car crash. When you have the facts on the matter, it becomes easier to make a well-informed decision.
If the other driver has insurance and a large enough policy to cover all your damage and injuries, you may feel comfortable settling rather than suing. Even then, you must know all the injuries you suffered and if they have long-term effects on your health. The insurance company may only offer you enough to cover your immediate medical bills, but not future health care costs. That is why motor vehicle accident victims must receive medical attention as quickly as possible after severe and minor car collisions, so they know much it costs to make a full recovery and how long it may take to recover.
Even if the insurance company offers a large enough settlement to cover your injuries and car repairs, a legal representative may feel you deserve more. For example, you could qualify for compensation for the pain and suffering your injuries caused or the income you stand to lose while recovering.
While considering whether to sue the at-fault driver, remember that rather than a value, motor vehicle accident claims have value ranges, because a victim’s pain and suffering become part of the claim’s value. Rather than assigning a value of $80,000 to a car crash claim, it makes more sense to say the claim’s worth falls somewhere between $70,000 and $90,000. Once you understand your claim’s range, you have a better idea of what represents a fair settlement offer, preferably one that falls on the higher end of the scale.
If the insurance company does not offer a settlement in your claim’s range, you could want to think about suing. In most states, you cannot sue the insurance company directly unless it acts in bad faith or intentionally does not honor a valid claim. Also, before starting the process, consider that once you sue, you likely cannot discuss a settlement offer for a while. Expect the defendant’s attorney to initiate discovery and a pre-trial investigation. Another reason you may not enter settlement talks again if you sue is the insurance company may not cooperate with you until its legal team finishes its investigation and makes a settlement recommendation.
Other than the time it takes the coverage provider to look into the accident, you must also consider your out-of-pocket costs if you work with a legal professional. While waiting to see how everything turns out, you could face mounting medical bills, debt and missed work. Even if the insurance company offers a new settlement, it may not cover the costs you incurred in the meantime.
While thinking about suing or settling, make sure you have an airtight case. While you may feel the other driver is the at-fault party, she or he could feel you bear full or partial blame for your injuries and car damage. Insurance companies use state law, police reports and accident categories to determine fault. If you have a copy of the police report, and it makes sense to have one no matter if you settle or sue, examine it for errors. You may use your evidence to disprove factual errors, but you could have a hard time removing or changing an opinion on the report you do not agree with. In that situation, you could provide your statement on the document or contact the reporting officer, make your case and ask for an amended report.
If an insurance representative contacts you after the accident, think twice about every word that comes out of your mouth. Car insurance companies often use accident victims’ words against them to undermine their claims. If you say the wrong thing or volunteer details without the insurance company asking for them, you could damage your claim, which you do not want if you consider taking legal action. Rather than risk jeopardizing your settlement, consider letting a legal professional speak to the coverage provider for you.
If the insurance company does not offer what you consider a fair offer, you may set your sights on recovering compensation from the other driver with a negligence lawsuit. Touching back on your inability to sue the insurance provider directly, if you file a successful lawsuit against the other driver, her or his insurance company helps pay damages the court awards you. While the driver bears fault for your harm, the coverage provider covers the settlement.
Unfortunately, you may get into an accident with a driver who does not have insurance. If that happens, you could sue the driver directly rather than expect the insurance provider to pay the settlement. Drivers who do not have insurance rarely have the financial means to pay a lawsuit. Even if you prevail in your suit, you may not prevail in recovering the damages you won.
One alternative in this situation is to file a un/underinsured motorist claim with your car insurance company. With this option, your un/underinsured driver benefits cannot exceed your primary coverage amount. For instance, if you have $100,000 in coverage, you have a benefit limit of $100,000.
To know whether the insurance company offers you a fair settlement, you deserve to know how much you stand to receive in damages. Common damages in motor vehicle accidents include medical expenses, lost wages, future medical bills, mental anguish and loss of enjoyment of life.
Examples of medical expenses you could recover include emergency room treatment, medical facility stays, ambulance fees and prescription medications. Depending on the severity of your injuries, you may qualify for future medical expenses damages. Loss of enjoyment of life damages account for a declining ability to enjoy your life because of the injuries you sustained in the car crash. If your injuries also cause a decline in your ability to earn a living, you could qualify for loss of earning capacity damages.
Aside from physical pain, you may also endure mental anguish after an auto accident. Examples of psychological distress include apprehension, anxiety, terror, embarrassment, shock, grief and humiliation. Aside from health care professionals, you may also seek treatment from a mental health expert to address emotional and mental anguish.
You deserve trusted and well-experienced legal insight if you cannot decide whether to sue or settle after a car accident. Fielding Law wants to ease your mind and help you evaluate your case and legal options. We do not charge a fee unless you win, and our clients have direct access to our attorneys. Contact one of our representatives today by calling 877-880-4090. We look forward to showing you what it means to offer big-firm knowledge with small-firm attention while protecting your rights and building your legal case.
Sources:
https://www.findlaw.com/injury/accident-injury-law/economic-recovery-for-accidents-and-injuries.html
https://www.findlaw.com/injury/car-accidents/who-do-i-sue-after-a-car-accident.html
https://www.findlaw.com/injury/car-accidents/car-who-is-liable.html
https://www.nolo.com/legal-encyclopedia/reasons-to-file-a-car-accident-lawsuit.html
https://www.jdsupra.com/legalnews/who-do-i-sue-after-a-car-accident-the-12158/