Does Your Accident Case Warrant a Lawsuit?

After an automobile accident, you may realize that the injuries and costs are extensive. You could file a claim with the auto insurance company, but will that be enough to cover your losses?

When you are injured by someone else in a motor vehicle accident, you will have hospital bills, costs for therapy, and plenty of hours missed at work. The pain and suffering you feel every day plagues you, and it even affects your relationships.

Deciding whether your case qualifies for a lawsuit against the at-fault driver is not easy. However, when you work alongside an attorney you can better decide if a claim or lawsuit is the right approach.

Car Accident Claims and Lawsuits are Not the Same

The terms might be used interchangeably, but claims and lawsuits are entirely different.

A personal injury claim is between you and the insurance company. It is not a matter of public record, and you are not filing a lawsuit in court. Instead, your attorney negotiates with the insurance claims adjuster until they receive a fair settlement on your behalf.

A personal injury lawsuit, on the other hand, is an official suit against the at-fault party or their insurance company. Typically, your attorney only files a lawsuit when the negotiation phase is not working. Then, he or she uses the lawsuit to reach a settlement out-of-court, or takes the case to trial to receive a settlement on your behalf.

When is a Personal Injury Lawsuit Necessary?

Technically, you could file a lawsuit the day after your accident. However, that is typically not the most efficient approach. In most cases, your attorney will not begin by filing a lawsuit. Instead, he or she starts by negotiating with the insurance company. A lawsuit means more money and costs; therefore, your attorney will first attempt to settle without the additional cost or time.

If an agreement cannot be reached with the insurance company – meaning the claims adjuster refuses to settle for the proper value of your case – that is when your attorney will consider taking it to the next step and filing a lawsuit.

To decide if it is best to file the lawsuit, your attorney will weigh the following:

  • Whether the insurance claims adjuster is willing to negotiate a settlement or offer fair compensation.
  • The amount of time you are willing to wait for a settlement.
  • The evidence you have in your favor proving that the other party was at fault.
  • The likeability of yourself and the likability of the defendant – if you were to testify.

Even once the lawsuit is filed, it is still likely that your case will settle out of court. Once the official lawsuit process begins, insurance claims adjusters will return to negotiations. After all, settling out of court is also in their best interest, because a jury award is extremely unpredictable.

Injured? Contact a Local Advocate Today

You should not have to worry about if your case will go to trial or if you need a lawsuit. Instead, speak with an injury lawyer in the area that is willing to fight for your rights to compensation.

The advocates from Jacobs Law, LLC is here to help you. Regardless of the injuries or the type of accident, if you are injured because of the negligent acts of another, you are entitled to compensation.

To explore your options, schedule a consultation with our attorneys today by calling our offices or by requesting a consultation online.