How do You File a Car Accident Lawsuit?

If you’re injured because of a car wreck, and you filed claims with the insurance company of the other driver, but the settlement takes are stalled, you may want to make this go a bit faster. You or the lawyer you have may also struggle to settle on a lawsuit settlement that you feel is fair. 

Should you take what’s offered by the company, or should you file a personal injury lawsuit? Find out in this article, on how you start a car accident injury lawsuit

Sue or Settle? 

This is a question that many have, and it does boil straight down to money. Specifically it’s what the insurance company is offering, and what you personally believe the accident is worth. 

If your lawyer thinks your case is worth a lot more than what the insurance company is giving, then it’s unlikely the insurance company will make the offer larger. In that instance, it’s time to start eh lawsuit.

But how far apart do these two sides need to be? 

Well, to better understand, there isn’t one specific value, but instead a value range. 

This is partially due to the fact that the value of the person who is injured, often times called pain and suffering, doesn’t have exact calculations. So a claim might not be worth $50k. instead, it might be a little lower or a little higher.  If you look at the claims that way, that’s why it may seem like the accident settlement should be higher.  Maybe the number isn’t wrong, but it’s also at a higher end. 

When Should you Settle and Sue? 

Usually, if the settlement money is not that far off, let’s say it’s slightly under 40K, or maybe right around 50K, then you should settle. 

However, if it’s super low, then it’s time to file lawsuits. 

If the final offer is $30K, then you might feel justified in the lawsuit. However, you should keep in mind that the moment you take a lawsuit, you will not be able to talk settlement for a bit. That’s because the pre-trial investigation and the discovery will happen, and insurance companies really wont’ care. 

Also, once you sue, the out-of-pocket expenses and case costs tend to increase a lot, and it’s possible that settlements later on will not reflect that money. 

Also, the more time delay there is, the higher the expenses are, so make sure you keep this in mind before you take the risk, and begin suing. 

Your Lawyer Has the Right Opinion. 

Your lawyer does have the right to tell you whether or not you should sue. They’re probably the most important, simply because they know the true value of a case. 

Sure, you can have valuation, but it’s not as obvious as you think. 

Chances are that the lawyer or even a larger firm has a lot of experience with these types of claims, and they have the inside information on how this will go, along with the outcomes. 

So if you want the final say on this, then you might want to consider them. 

The best thing to do though is to start the process, and from there, you can work on getting the next part of this started.

If you feel that it isn’t right to take the settlement, then don’t. it’s important to understand that, I you’re not sure, always talk to the lawyer to get the help that you need and the advice that’ll help with the ultimate decision on what you should do, and whether or not to take the deal or not.

How to Start A Car Accident Lawsuit Case

Car accidents are either resolved quickly via insurance or a quick settlement.  However, if that’s not the case, a car accident lawsuit will occur.  If you want to get more than the limit in your state though, there are a few things you must do first, and that of course is starting a pre-trial process and case, preferably within civil court and with the assistance of a car accident lawyer.  Here, we’ll tell you how you can start the case, and what to expect at the beginning of the case. 

Starting the Case 

First thing is to start the complaint.  This is where you sue the initial documents, which is the “complaint” that lays out every part of the case that you’re going to take against the other person. 

You will identify all of the parties that are part of this, any of the allegations and what they’re based on, and the support for every single claim. 

Every claim is called as “cause of action” which means that in car accident cases, the plaintiff might bring separate cases of action whether it’s negligence, pain and suffering, or even inflicting emotional distress. The complaint will also ask for a dollar amount for compensation of the damages (called Prayer for Relief.)

There is then a filing fee, and typically, this varies from each state.  It does cost anywhere from a hundred to a few hundred for civil complaints, and understand that the filing fee might be added to the judgement, so if you win, the other side might need to pay this.

At this point the court clerk will make a file for this, called the “process” which does require the defendant to answer this within a specific period of time, and usually, it’s delivered straight to the other person. Every state though has its own set of rules that go along with this, and you can just let the Sheriff or a police officer serve the process to the defendant. While there is a tiny charge, this can be reimbursed in the event of you winning the case. 

Then of course, there was your answer that you’ll get from the defendant. This is done after the complaint is served, where the defendant has all of the legal defense that they have respond to the allegations.  Sometimes, they will say it’s ridiculous, but if the defense doesn’t have an answer in it, it’s then waived, but that isn’t applicable to every case. 

The Pre-Trial 

The pre-trial procedures then include the different interrogatories, questioning, and any document requests. This s also where settlement negotiations will happen too, since it happens at the same time the court-based ones take place, so it could get resolved at a certain point and then the trial is dropped. 

With this thought, the best thing for you to do is to make sure you follow all of the correct pre-trial procedures so that you can get the settlement that you need. When it’s later taken to trial, you can of course take this as well to the end, where you might win the settlement. 

In that case, you’ll be able to as well get the money that you deserve in order to get the help that you need, and the pain and suffering compensation that you want.

But make sure that you do follow all of the procedures in order to make sure that you get the care that you need. If you don’t follow this, you might lose it, so make sure that you do this before you start on the case.