Is it always necessary to file a lawsuit?
- March 28, 2017
When a car accident occurs, you have many questions. They begin to form the moment you’re hit, and you’ll probably have more questions than answers before throughout the process. Automobile accidents are complex and difficult to understand because none are the same. There are no two instances in which a car accident is exactly the same as someone else’s. Different factors involved in every accident make it difficult for you to determine how to proceed, and may wonder whether it’s necessary to file a lawsuit.
Should I File a Lawsuit?
Yes and no. There’s not a simple answer to this question. There are so many considerations worth making, it’s not always easy to determine whether a lawsuit is a good idea or not. In most cases, filing a lawsuit for a very minor accident with little to no damage and not injuries is not something you want to do. You don’t need to file a lawsuit against a driver who bumped into your car in the parking lot and did no damage to your car or your body, because you have nothing to sue for. There are no damages, there is no repair bill, no insurance claim, and you aren’t in need of compensation to cover lost damages or pain and suffering.
If you are injured and incur medical bills or if you lose income due to being unable to work, you might want to file a lawsuit. When you have damages to recover, a lawsuit helps you cover those. Lawsuits are not get-rich-quick schemes for someone who watched another driver push a shopping cart too close to their car and suffered a little bump. It’s for those who are suffering, and it’s for those who are financially strapped because someone else’s negligence changed the course of their lives.
What is a Lawsuit?
One thing you should realize about a lawsuit is it’s not always a lawsuit, to be precise. In many accident cases, you call a personal injury attorney to discuss a case and they help you file paperwork to begin a lawsuit. This kind of case usually ends long before a trial, and it’s called a settlement. The insurance company of the other driver at-fault for the accident will send you a settlement offer in hopes you’ll accept what they offer so they can avoid the time, expense, and hassle of a lawsuit.
Settlement is usually a lot faster than a lawsuit. The other insurance company might make an offer right away after an accident, which means you can pay your medical bills, repair your car, and replace lost wages right away. It’s important you still contact a personal injury attorney to discuss your case so you can settle for more. Insurance companies never offer what they should, and they always send lowball offers to their victims. You can negotiate with them to get more money, but you might want to hold off and file a lawsuit in a very major case.
Lawsuits and Trials
Sometimes the other driver and their insurance company will ignore your attorney’s request to settle, and you might decide to take your case to court. If you decide to do this, you are not alone. If an accident was severe and left you or someone you love with catastrophic injuries you’ll never recover from, you might want to file a lawsuit to help you collect future medical bills and other damages.
It’s impossible to tell you whether to file a lawsuit or not, but that’s why our attorneys are here to answer your questions. We want you to call so we can discuss your case. When your case is in front of us and we’re able to see the details, we can help you determine how strong of a case, whether you should offer a settlement letter request, or if you should file a lawsuit. Our job is to help you make the decision based on the facts of the law and the evidence in front of us. There is no easy answer to this question, but there are plenty of ways you can find out what the best course of action is before you make a decision.