Nobody wakes up thinking they will get into an accident. Unfortunately, crashes occur every few minutes, resulting in over 10,000 crashes across America every day.
In most of these accidents, a driver is to blame for the accident and thus liable for damages. But before you can recover compensation for damages, you have to navigate the legal process, which starts by understanding it. To get a better understanding, you could consult attorney Rich Godshall of Ostroff Godshall Injury and Accident Lawyers.
This guide offers a breakdown of the important things to know about an auto accident lawsuit and can be a source of invaluable insight when pursuing a compensatory claim.
Do I Have To File a Lawsuit?
No, you don’t. The at-fault insurer will more often than not be interested in settling a claim before you take legal action against them.
Often, their offer may not be very good, so you must be careful when negotiating with them. Otherwise, you risk losing your deserved compensation. The best approach is never to engage without a lawyer, even when the deal sounds really lucrative.
Even when they do not come with an offer, your lawyer may notify them of your intention to sue before filing a lawsuit. In most cases, they may offer to settle at this stage. If they agree to settle, you do not need to file a lawsuit.
When to File a Lawsuit
Filing a lawsuit becomes necessary if you cannot agree on an amicable resolution to a claim. But you must do it within the statute of limitations. In Pennsylvania, this statute of limitations stands at two years from the date of the incident.
If you fail to file a claim during this time, you lose your right to receive compensation. States have different statutes of limitations that range from one to six years, so you may want to establish your state’s statute to ensure you are not locked out of your compensation.
The Process of Filling a Lawsuit
After filing a lawsuit, the defendant must be served with a copy of the lawsuit, which the sheriff or any other authorized person can do. After receiving the copy of the lawsuit, they will have some time to respond where they can admit or deny the allegations.
If they have come this far without offering to settle, they will probably deny it, which will take your lawsuit to the next stage: the discovery phase.
This is the phase where both sides exchange the evidence in their possession. This exchange of evidence gives both sides a chance to size up the other side’s case and determines whether the defendant will be willing to make an offer.
Negotiations and Going to Trial
Offers are often made in the negotiations phase, which comes right after the discovery phase. This phase involves making some compromises where necessary to come to an amicable resolution, and it is at this stage that most claims are resolved.
If you agree, the defendant pays up the agreed-upon settlement, and you, in return, sign papers to release them from liability. Out-of-court settlements avoid lengthy litigation procedures and costly courtroom fees.
If both parties can’t come to an agreement, the lawsuit goes to trial. But the judge may recommend mediation which involves having an independent party help you come to an amicable resolution to your stalemate. If you can’t agree, the lawsuit goes through the usual court processes, and the judge or the jury makes the final ruling on settlement.
What to Expect
You may wonder how much compensation you can expect. It is impossible to put a figure on this because recoverable compensation is determined by factors such as the severity of the injuries, their effect on your ability to work, state laws, and policy limits.
The idea is to have you recover all monetary and non-monetary losses associated with the accident, helping you live life as close to your pre-accident life as possible.
Conclusion
Getting legal advice after an auto accident is par for the course. A legal professional can streamline the process of getting your dues. Not only that, they deal with all the complexities of the auto accident while you focus on recovering physically and mentally from the crash. The role of a car accident attorney in such a situation cannot be understated.
