Victims face all sorts of injuries and damages after collisions. Those affected by the crash may have had their property damaged, incurred severe medical conditions, or lost their once intact vehicle. Often, seeking compensation from the insurance company alone does not provide adequate financial coverage to have all losses and damages entirely. At this point, legal action in the form of a lawsuit may be necessary. If you find yourself having to sue someone after a car accident, consult the brief guide below on how to get started in your case.
Determining Liability and Filing a Claim for Your Collision
One of the most important responsibilities you have as the victim of a car accident is that of proving liability for the crash. The way you go about this may slightly vary depending on the state in which your accident took place. For example, California is an at-fault, or tort, state. This means that you are required to prove that the other party was the negligent driver in your case so that you can secure the funds necessary to cover the damages.
States like Florida, on the other hand, are no-fault states. So, you may either be at risk of being assigned partial liability, or you will automatically receive compensation from your insurer for injuries and damages. In either situation, you need to review all the details of your incident to determine what exactly the damages were, and what needs to be done to resolve these impacts. Once you have identified these factors and your needs for compensation, you will be ready to initiate a lawsuit. To do this, follow the guidelines listed below:
- Obtain a police report. A police report will objectively present all the details of your collision. This supports your case by providing an accurate portrayal of the fault and all consequential circumstances of the driver’s negligence.
- Collect all evidence at the scene of the crash.Record photo and video evidence of all elements of the collision. If you were injured or your property was damaged, make sure that all this is reflected in your photo and video documentation.
- File an insurance claim. Your insurance claim is essential not only for further documentation but in building the foundation for your legal case. Your insurer must defend and indemnify you, meaning that you must be provided with legal representation and the necessary payouts.
Once you have all these steps completed, it’s time to get in touch with a lawyer. Legal representation is the key to a strong case and assurance that you will receive the proper compensation.
Contact a Lawyer to Sue the Negligent Driver
A lawyer is a critical component of your ability to appropriately file a lawsuit against the negligent party. Insurers often try to lowball victims of car accidents in their settlement offers. Instead of accepting whatever they give you, your lawyer will determine whether it meets the needs of your calculable losses or not. If not, they will then take your case to trial, where the correct amount will be secured.
By presenting all available evidence and, if necessary, providing both witness and expert testimonies, your car accident lawyer will ensure that you get precisely the funds you need to support your recovery. Get in touch with a lawyer today, and improve your chances of achieving success in your car accident lawsuit.