5 Things You Need To Know About Car Accident Lawsuits

By Staff Reporter Feb 18, 2022 10:39 AM EST

When the insurance company refuses to negotiate a fair settlement for car accident victims, it might be time to take them to court. Here are five things you need to know about car accident lawsuits according to ChicagoLawyer.com

1. Car Accident Lawsuits Are Rare

Very few personal injury cases go to court. Between four and five percent of personal injury claims (including car accident cases) morph into lawsuits. Insurance companies aren't happy about paying a claim, but they dislike going to court even more. They know that a sympathetic jury could render a substantially higher verdict than a settlement. You should look into this blog post by AutoInsurance.org on what to do if your insurance drops you after a claim.

2. Filing a Car Accident Lawsuit Gives You Leverage

When you hire a lawyer, you show that you are willing to do whatever it takes to recover compensation. It's common for an insurance adjuster to increase their offer when they receive notice of your lawsuit. They know you mean business.

Experience Matters in a Car Accident Case

Insurance companies know which law firm gets results for their clients. They also know that many personal injury lawyers rarely see the inside of a courtroom. Insurers might not take your threat of legal action seriously when you have an inexperienced lawyer.

Make sure that if you elect to work with an attorney, you choose a firm with negotiation and litigation experience.

3. Jury-Awarded Verdicts Take Longer

When an insurance company loses a car accident lawsuit, they immediately appeal. In some cases, it might take years before you receive a single dollar for your injuries and damages. Many injured people cannot wait that long.

Car accident settlements are less complex and take less time to finalize. It's possible to receive payment in a few months versus several years.

4. Car Accident Lawsuits Become Public Property

Car accident lawsuits are filed in civil court, whose records become public information. During the discovery phase, insurance companies must admit or deny facts about your claim. This information could be embarrassing for the insurer.

However, discovery works both ways: you might not want specific facts about you or your case to become public knowledge.

Car accident settlements are confidential. The details remain private between you, the insurer, and your respective attorneys.

5. There's No Assurance of Compensation

It's a risk when you reject an offer from the insurance company because you think a jury will award you more. In fact, you could get less, or nothing, if the jury rules against you. Although some car accident lawsuits result in compensation that far exceeds the pre-trial offer, others do not. You should consider the risks of getting some money with the possibility of receiving no money.

Other Things to Consider

Your Health

Right now, most courts across the country have packed trial schedules after being closed in the early days of the pandemic. It could be months before you even receive a preliminary hearing date. This delay can be brutal for car accident victims suffering from injuries. Even though an attorney does most of the work in a lawsuit, going to trial can take its toll on your physical and emotional health.

Your Finances

It's been mentioned above, but it bears repeating: car accident lawsuits can take months or years to resolve. Most car accident victims need financial compensation as soon as possible to pay for medical care, car repairs, lost pay, and other expenses. Medical expenses are a leading cause for people who declare Chapter 7 bankruptcy.

Your Future

You've already suffered because someone's negligence caused the accident and your injuries. You deserve to get back to your life and your loved ones. Accepting a fair settlement for your damages allows you to close a traumatic life chapter and move on.

Car Accident Lawsuit Process

If negotiations for a settlement fall through, filing a lawsuit might be necessary to recover compensation for a car accident that was not your fault. The following is a simplified version of what to expect in the car accident lawsuit process.

Filing the Complaint

Lawsuits begin when you (or an attorney) file a complaint. You are the plaintiff, with a list of demands and justifications for your economic and emotional damages. The at-fault party their insurer is the defendant.

Pre-trial Motions

The defendants must have time to consider your complaint. They might file one or more pre-trial motions, such as a request for dismissal or a change of venue. You have the right to oppose these motions. The judge will either rule in your favor or for the defendant.

Schedule a Court Date

Depending on the court calendar, your court date could be several months or a year in the future.

Court-ordered Mediation

The judge can order both parties to try and reach an agreement through mediation. Some car accident cases are resolved with help from an impartial mediator.

Discovery

Both sides have the opportunity to gather evidence to support their respective argument. Then, they must share this information with the other party. During discovery, witnesses are interviewed.

Keep in mind that it is possible to reach a settlement at any point during this process.

Last Thoughts on Car Accident Lawsuits

It can be hard to know what choices to make after a car accident. Filing a car accident lawsuit might be the right decision for you, or it might not be. In most negligent injury claims, accident victims recover compensation through a settlement without going to court. This article, by AutoInsureSavings.org, details four things everyone should do within 24 hours of an accident.

Each state has a different statute of limitations, or deadline, to file a car accident lawsuit. If you miss this deadline, the court will not consider your complaint. It is in your best interest to consult an attorney as soon as possible so that you have enough time to exercise your legal rights.

Many law firms offer free consultations. Be sure to ask about their experience regarding car accident lawsuits. If you're going to take an insurance company to court, you want to be confident and comfortable with your attorney.