Every state has a law that says if someone is injured in a car accident caused by another party, that victim can pursue financial compensation against that party for any losses they sustain because of their injuries. This includes any medical bills there are to treat the injuries, lost income if the victim is unable to work while their injuries heal, pain and suffering, scarring, and more. If you or a loved one has been injured in an accident, contact a car accident lawyer to find out what legal options you may have.
What Is the Difference Between a Car Accident Lawsuit and a Car Accident Claim?
Although the law does not require a victim to have a lawyer to help pursue damages, victims who do have a much better chance of being successful. Your lawyer will first file a claim with the party who caused the accident’s insurance company. The claim will describe the amount of damages and what those damages are for.
Once a claim is filed, the insurance company will assign an adjuster to the case who will investigate the following:
- Was the owner of the policy responsible for the accident?
- Was the victim injured and were those injuries caused by the accident?
- What type of losses, both financial and non-financial, did the victim suffer because of their injuries?
- Will the victim suffer any future losses as a result of the injuries?
Once the adjuster investigates the claim, one of several things could happen. They may immediately agree to the claim and the amount the victim is seeking. The company may reject the claim outright. They may accept the claim but disagree with the amount the victim is seeking. However, the insurance company reacts will determine whether or not the two sides will be able to negotiate a settlement or if the parties will end up litigating the claim in court.
If the insurance company offers too low a settlement or denies the claim completely, your car accident lawyer will then file a car accident lawsuit. The court will set a trial date where both parties will present their side to a jury. The jury will then decide if the at-fault party’s actions caused the accident and if they did, then how much the victim should receive for their losses.
One important thing to keep in mind, however, is that even up to the very last minute before a jury announces their verdict, both sides can continue to negotiate and reach a settlement amount. The majority of car accident cases do settle. If the victim’s lawyer actually files a lawsuit, that is a strong signal to the insurance company that the lawyer intends to fully protect their client’s best interest, and often results in the insurance company realizing it will be more expensive to litigate the case than to offer a fair and just settlement.
Contact a Car Accident Law Firm Today
If you have been injured by an at-fault driver, you deserve to be compensated for all the losses your injuries have caused, including medical expenses, lost wages, pain and suffering, and more. To ensure that compensation, you need a skilled attorney, like a car accident lawyer from a law firm like Tuttle Law, P.A.