Most auto accident claims are settled directly with insurance companies without needing a lawsuit. Unfortunately, many accident victims try to handle these settlements independently without an experienced attorney. Insurance companies often take advantage of this, aiming to pay as little as possible. Therefore, every civilian must know when to consider auto accident litigation.
The Right Time for Auto Accident Lawsuits
Pursuing auto accident lawsuits ensures that you receive fair compensation for your loss. Settling without legal representation can lead to lower compensation and may even harm your case. Following are some situations where auto accident litigation becomes compulsory:
- Serious Injuries or Long-Term Effects: If you have suffered serious injuries that need ongoing treatment, filing a lawsuit might be necessary to get fair compensation for medical costs and lost income.
- Disputed Fault: When there’s a disagreement about who caused the accident, litigation can help clarify the defaulter. So, you are compensated for your injury’s claim or damages.
- Low Settlement Offers: If the insurance company’s settlement doesn’t cover your medical expenses, lost wages, or pain and suffering, you may want to consider a lawsuit to seek a fairer amount.
- Statute of Limitations: Each state has a time limit (statute of limitations) for filing a lawsuit after an accident. If you’re close to this deadline, filing a lawsuit quickly is important to protect your right to compensation.
- Insurance Denials: If the insurance company denies your claim or downplays your injuries, litigation may be needed to make them pay for your damages.
- Complex Cases: For cases with multiple parties or big disagreements over fault, litigation might be the best option to resolve the matter fairly.
Car Accident Lawsuit Process
The car accident lawsuit process can be complex and lengthy. It usually starts with a free consultation with a personal injury attorney, George Edwards III, the founder of Edwards Sutarwalla Samani LLP. He is currently a member of the State Bar of Texas Professionalism Committee.
If an agreement can’t be reached with the insurance company, your attorney will file a lawsuit by submitting a complaint explaining your case and the compensation you seek.
Then, both sides enter the discovery phase, gathering evidence like witness statements, medical records, and police reports, a process that can take several months.
Before trial, there may be pretrial motions to resolve legal issues, such as which evidence can be used. Even after a lawsuit is filed, settlement talks often continue, as insurers may be more open to settling after seeing the evidence.
If no settlement is reached, the case proceeds to trial, where both sides present their arguments and evidence to a judge or jury, who then decides the outcome. After the trial, if either side is unhappy with the verdict, they can file an appeal, which can add more time to the process.
Finally, once a settlement or verdict is reached, completing the payment and receiving your compensation may still take some time.
What Is a Good Settlement Offer for a Car Accident?
In the U.S., a fair settlement for a car accident is usually between $14,000 and $28,000, with the average being around $21,000.
However, the exact amount can vary widely depending on factors like the seriousness of injuries, medical costs, lost income, property damage, and how much negligence played a role in the accident.
Final Verdict
It can be tempting to settle a car wrecking case on your own to avoid the lengthy auto accident litigation process. However, it is similar to settling for something way lesser than you deserve.
Contact our personal injury lawyer, George Edwards III, at Edwards Sutarwalla Samani LLP.
Our attorney previously served on the State Bar Web Services and Grievance Committees and is currently a member of the State Bar of Texas Professionalism Committee. Dial (713) 565-1353 for consultation.