When it comes to car accident lawsuits, documentation is key. Your attorney will start by obtaining your medical records, police report, and evidence from the crash scene. You will also need to provide information about your lost wages and expenses, including repair estimates for any damage caused to your vehicle. Your attorney will use this to demonstrate the full extent of your damages.
Mediation
A lawyer can help you decide whether to sue or settle your case. If you settle, your lawyer can still help you get the best compensation for your damages.
For instance, a Fort Worth car accident lawyer can consult experts like life care planners, vocational rehabilitation specialists, and economists to determine a fair value for your case. These experts will consider your current and projected medical expenses, lost wages, physical and emotional injuries, and other financial losses. Your attorney will negotiate a settlement with the at-fault driver’s insurance company using these expert opinions. This is a simpler and faster way to resolve your claim than going to trial.
Liability
Car accidents devastate victims, especially if they have been seriously hurt. They face many medical bills not covered by insurance and lost wages from missing work. They also experience a financial burden as household expenses rise, and they have less money to spend.
It’s up to the victim and their legal team to prove that the driver’s negligent actions caused the accident. This means showing that the driver’s breach of duty of care directly caused injuries and property damage. In some states, the law allows comparative negligence theories to reduce driver liability where the accident victim’s conduct contributed to the accident.
Damages
Car accident victims can claim damages to compensate them for injuries and losses. These can include economic damages to cover medical expenses and other costs and non-economic damages for pain and suffering.
In some states, you may receive compensation even if you’re partly at fault for an accident. However, your award will be reduced by your percentage of fault.
It’s also possible to recover lost income from your accident, including bonus payments and promotions you would have received but couldn’t due to your injuries. You can also seek repayment for property damage that occurred in the crash. This includes your vehicle and any items inside it during the crash.
Time Limits
Each state has a set timeline that parties involved in a car accident must meet to initiate legal action. This is called a statute of limitations, and it protects injured individuals from having their claims dismissed for lack of timely action.
Most personal injury lawsuits take a year or more to complete from the time the complaint is filed. This process includes several phases, including discovery (in which both parties analyze evidence), trial, and appeals if necessary. It’s important to remember that there may be other time limits, such as the deadline for filing no-fault insurance claims or a shorter statute of limitations if you intend to sue a government entity.
Statute of Limitations
A car accident victim has only a limited time to file a lawsuit after an accident. This limit is called the statute of limitations. This limit applies to both personal injury and property damage claims. In some states, a person has three years to sue for personal injury or property damage from a crash. Acting quickly after a car accident is important because evidence disappears over time. Witnesses must remember key details, physical artifacts fade away, and public records get deleted or misplaced. Additionally, a delay could cause the statute of limitations to expire.
Trial
During the discovery phase of your car accident lawsuit, both parties will exchange information and evidence. This may include a deposition in which witnesses give sworn statements under oath.
Eventually, the defendant’s insurance company will make an offer to settle. You may accept the settlement if it adequately covers your losses.
If you’re unhappy with the result of your trial, you may appeal a judge’s decision. An attorney can help you understand your options. A lawyer can also review your insurance policy to ensure you receive all the compensation you’re entitled to.
