A car accident can be a terrifying ordeal that can result in significant injuries, property damage, and trauma. After an accident, an injury victim may wonder what recourse is available to help recover damages for physical, financial, and emotional impact of the crash.
Depending on the case, a car accident victim may be able to recover compensation through a personal injury lawsuit. While most car accident cases settle before trial, a car accident victim may need to appear in court depending on the circumstances.
Does the Insurance Policy Cover Enough?
After a car accident has caused significant damage, an injured person has a few options to attempt to recover compensation. Depending on the state’s fault laws, the injured person may be able to file an insurance claim against the at-fault driver’s insurance policy. An injured person may also be able to file an insurance claim under his or her own insurance policy depending on the type of policy.
If the damages sustained to the injured person exceed the at-fault driver’s policy limits or if the insurance company denies the claim or offers a low-ball settlement, an injured person can pursue compensation through a personal injury lawsuit.
Will the At-Fault Driver Admit Wrongdoing?
If there was no resolution with the insurance company, it is recommended the injured person hire a personal injury lawyer and consider beginning the lawsuit process. In some cases, a lawyer may reach out to the at-fault driver with an initial demand letter, which may allow both parties to enter negotiations and settle the claim.
“In some cases, the at-fault driver in your car accident may claim that you are partially responsible for the collision,” note accident lawyers at Vanguard Attorneys, “If you are filing a third-party claim or lawsuit, these accusations could impact your ability to recover compensation.”
Is the At-Fault Driver Willing to Go to Mediation or Negotiations?
If the injured victims’ personal injury attorney does not send a demand letter to the at-fault driver or the negotiations with the at-fault party were unsuccessful, it may be time to file a personal injury lawsuit with the court. Once the lawsuit is filed, the discovery phase begins. It is during this time both sides have an opportunity to recover evidence such as police reports, accident reports, medical records, and witness testimony.
Following the discovery phase but prior to trial, there is another opportunity for the two parties to enter mediation or negotiations. If this again proves unfruitful, the car accident case will go to the courtroom.
Judge and Jury Decisions on a Car Accident Case
A car accident victim has the right to a jury trial. If negotiations and mediation were unsuccessful, the accident case will then go to court for the judgement of a jury or judge. If a case is heard by a jury, both sides will present the evidence found during the discovery phase for the jury to decide who is at-fault and how much money should be awarded to the injury victim.
A car accident case can also be decided on by a judge. If both the injured victim and the defendant agree to waive the right to a trial by jury, a judge can serve as the deciding party.
What To Do Following An Accident
The time following a car accident is precious. If you or a loved one was involved in a car collision, immediately seek medical attention even if you feel fine. Before you leave the scene, try to take as many photos and videos as possible. If you are able, try to write down what happened and what you remember.
Then speak to an experienced accident attorney. An attorney can help you identify what compensation may be available to you and what your options are for compensation. While many car accident cases settle prior to going to court, you may still have to go to court if settlement negotiations with the insurance company or at-fault party are unfruitful.