The aftermath of a car accident can be complicated in terms of dealing with insurance companies for compensation. In situations where insurance companies do not want to settle a claim fairly or if the driver that caused the accident does not have adequate coverage, then the victim may want to consider taking legal action by filing a car accident lawsuit. Depending on the extent of damages sustained in an accident, claims can be filed in a small claims court or regular civil court.
If the damage’s financial toll is minimal, the victim may be able to settle a lawsuit in small claims court. Victims tend to represent themselves in this type of court and the settlement is decided by a judge rather than a jury. Since certain procedures are expedited, a ruling on the terms of the settlement tend to be quicker than in other courts.
If the cost of damages incurred by the accident exceed the amount that can be handled by a small claims court, then an attorney may need to be consulted. A skilled attorney proficient in car accident law can be instrumental in negotiating the terms of a settlement on behalf of a client in regular civil court. Rules and procedures tend to be formal and complicated. Utilizing the skill and experience of an attorney familiar with the system optimizes the chance of being successful in court.
In order to be compensated for the costs incurred by the accident, proof will need to be available indicating that the defendant was responsible for the victim’s injuries or damages. Police reports, photos or video footage taken at the accident scene along with eye witnesses can be critical sources of evidence. Any documentation that indicates a violation of state traffic laws, such as a blood alcohol level report, can help prove liability in car accident lawsuits.
Most car accidents could have been prevented to some degree. Negligent driving often plays a role in causing car accidents. Ideally, the insurance company covering the negligent driver will adequately settle a car accident claim. When this doesn’t happen or the victim sustains serious injuries, filing a lawsuit in court may be more likely to result in compensation. The most appropriate course of action is dictated by the details involved in the car accident case. Ultimately, the driver responsible for the accident should be held accountable for the negligence that caused someone else harm, and the victim should be given the chance to recover physically and financially by means of compensation. In certain given situations, lawsuits are the only way to incur this.