car accidents

A Basic Guide to Car Accident Lawsuits

Legal

For those who have ever been injured in a car accident you know how devastating the aftermath is. If you are injured in an accident, the complexity of your case can be overwhelming.

Car accident lawsuits are among the most common personal injury claims. They involve establishing negligence on the part of the driver who caused the accident. There are several different reasons that you can sue, whether it’s the loss of a loved one in a wreck that took their life, because you were struck and injured when you were a pedestrian or because someone rear ended you or some other scenario where you were injured.

You Were Injured or Lost Property

You have to be able to establish how you were injured — whether it’s financial injury or personal injury — and how much that injury cost you. In order to sue, you need to have a solid figure that you’re suing for. Your attorney will help you with this.

You’ll also have to prove that whatever hardship you suffered is the result of the other driver’s negligence. Negligence is a widely misunderstood concept, so it bears some clarification.

Negligence

In any situation, you can expect a normal person of average abilities to do certain things to keep the people around them safe. You can also expect them to avoid unreasonable actions that endanger others. When people don’t live up to this very basic expectation, they may be guilty of negligence. This is proven in court; your attorney will argue to the jury how negligence on the part of the defendant injured you.

Settlements and Jury Awards

courtroom

Your attorney will help you come up with a figure that you’ll seek as compensation for your injuries. You may end up being offered a settlement from the other party. There are good and bad aspects to taking a settlement.

The good things include:

  • No fees for going to trial
  • Guaranteed payout

The bad aspects of settlements include:

  • Smaller amounts than awards, in some cases
  • Having to pay your attorney for the work that they did out of the smaller amount

Your attorney will go over your options where settlements are concerned before you go to trial. You might not even be offered a settlement and end up going to court to make your case.

Remember never to talk to the defendants or their representation when you’re in the process of filing a lawsuit. Your attorney will want to be there if you do so that you don’t accidentally say something that could ruin your case or end up getting taken advantage of with a settlement that’s far too low.

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2 thoughts on “A Basic Guide to Car Accident Lawsuits

  1. I couldn’t agree with this post more. In most situations, you should be able to expect a person of average abilities to do certain things to keep the people around them safe. When someone endangers our life in a negligent manner we need to hold them reasonably responsible.

  2. Pingback: Fred

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