In most cases, damages can be recovered from the at-fault driver’s insurance company rather than suing them personally. This ensures that both you and the other driver are properly covered without having to go through a lengthy court process.
However, there may be certain circumstances where it would be worthwhile to seek legal advice about filing a personal lawsuit against the at-fault driver in order to obtain reimbursement of expenses.
A Florida car accident lawyer with the Schiller Kessler Group can listen to your story, evaluate the situation, and advise you on which course of action is best for your particular situation.
Making a Decision to Sue Someone Personally After a Car Accident
Before taking a case to court, it’s worth considering what type of settlement the insurance companies are offering, as reaching an agreement out of court can often be simpler than suing. In certain cases, though, you may need to look into legal action if the offer made by the insurance company isn’t sufficient.
If you’re willing to put in the time and effort for a potentially larger settlement, then suing may be an option worth considering. Going through with this decision takes time and researching the laws that apply in your specific incident is key.
Ultimately though, suing someone personally should be done only when you believe doing so will give you more favorable results than any reasonable offer from an insurance company. A car accident attorney can be helpful in the decision-making process, and you can consult with a lawyer at our firm for free.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
Can a Lawyer Negotiate to Get Me a Better Settlement?
Having an experienced lawyer can be a crucial element when negotiating with the insurance company of the at-fault driver. Our legal team can help you determine how to handle the situation most effectively and ensure that they come to an agreeable agreement between both parties.
Taking legal action puts you in a position to make a much more significant case for yourself as well as receive further compensation.
When Should I Consider Suing Someone Personally After a Crash?
There are several situations that might warrant a personal injury lawsuit against a private party:
When Insurance Doesn’t Cover All of the Damages
Insurance negotiations are often the first course of action. Unfortunately, insurance companies will do whatever they can to reduce their costs and liabilities, which may lead to a settlement offer that doesn’t cover all of your medical expenses or other damages.
If you have suffered serious financial or personal losses due to an accident or other cause, hiring a car accident lawyer can help ensure that your interests are effectively represented in any negotiations with insurers. This can help you to avoid having to sue the driver personally.
At times, despite extensive negotiations, you still may not receive a settlement that covers all of your costs and expenses related to the accident. In difficult situations like this, your lawyer can guide you in the steps needed in order to sue the driver personally.
Uninsured or Underinsured Driver Is Responsible for the Collision
If the other driver is uninsured or underinsured, suing them personally may be your only option to recover the damages and medical expenses incurred as a result of the accident. When there is no insurance policy, the situation can be complicated. A car accident attorney can help you determine whether the other party may have available assets to pursue.
You Experienced Catastrophic Injuries
Catastrophic injuries are just that–catastrophic. These types of injuries can change the way you live and function for the rest of your life. When an accident victim becomes disabled or loses the use of one or more parts of their body, they generally require long-term care and may need daily assistance to function.
If a car accident causes significant medical bills, that’s only the beginning of a long road filled with rising expenses and potential debt. The solution in such cases is not always an insurance settlement check, and one will potentially have to turn to legal action if the other driver isn’t willing or able to provide sufficient compensation.
When the insurance settlement is too low to cover your expenses and bills, then you may choose to legally sue the other driver responsible for the accident. If there is a major discrepancy between the offered settlement and your projected care costs then it may be wise to go ahead and file a case in court.
Some examples of catastrophic injury claims that are good candidates for accident lawsuits include:
- Loss of sight
- Paralysis
- Spinal cord injuries
- Traumatic brain injuries
- Amputation or loss of limbs
- Substantial burn injuries
- Loss of organ functions, for example, a damaged kidney
You Definitely Bear No Fault for the Accident
In any personal injury lawsuit, it’s essential that you are able to prove that you’re not at fault for the accident in order to be successful in any lawsuit. That is why it is important to have the right tools and evidence in your corner showing that you were not at fault.
In addition, if there’s even a chance that you might be partly at fault for the accident you will likely find it difficult to win your case. It is important not to admit any fault, as this could be used against you in court or by an insurance company that is attempting to reduce their payment amount.
A qualified attorney can help build a strong personal injury claim with enough evidence to show that you are not at fault for the accident. Having definitive proof of innocence will go a long way toward securing a victorious result in any legal proceedings related to your case.
Learn About Your Legal Options for a Personal Injury Accident Claim
The legal process can be complicated. It’s easy to put your case at risk without proper knowledge of the laws and jurisdictional processes in your state.
If you’ve been injured in a motor vehicle accident and need compensation for your injuries, an experienced car accident attorney with the Schiller Kessler Group can consult with you at no cost.
Contact us today to learn about insurance claims and whether it might be best to hold the liable party accountable by filing a lawsuit.
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