If you got badly injured in a car crash due to someone else’s negligence, you are entitled to compensation for your injuries, your property, and the way that it affected your life. In Florida, drivers must have a minimum of Personal Injury Protection to drive a car. That means that if you’re hurt, and you’re adequately insured, your insurance company will pay you according to the policy limits for injuries.
But what if that isn’t enough? It frequently isn’t. What are your recourses? Many people think whether they can sue the person involved in a crash. Well, it depends on the place where you live and how your insurance company can help you during the case. In the following write-up, it is necessary to know some lawsuits that allow you to sue or not.
What to Do if You’re Hurt in an Accident?
A lawsuit may be in your future, but there are steps that you need to take first to protect you and your claim. Firstly, you should not hesitate to seek medical attention because you think it will hurt the outcome of your case. If the EMTs suggest it, go to the hospital and get treated.
Health is quite essential than all the things that are happening inside your head. When you get well, then only you can take suitable actions against any accident. Therefore, it is necessary to keep your health at a priority and step into a hospital for medical help. At the very least, allow them to examine you on the scene. This step could be necessary for both your health and your claim.
If you are badly wounded in a crash, and you notify the insurance company, they may send out an adjuster to the scene or the hospital. They may even offer to cut you a check in exchange for your signing a waiver. The money may be tempting, but if you agree and sign the waiver, any chance at future litigation will be negated.
The insurance agent will look at how severely you are injured and claim for the suitable action against the accident. If you got severely hurt in an accident, then calling the insurance agent will take care of everything, i.e., happening around you.
You can also contact a car accident attorney in your area. The earlier you involve a professional car accident lawyer in your case, the better your odds of winning, should a lawsuit become necessary. A professional law person will consider your health and file a case according to your severity. It is possible to sue the person involved in the car crash after an accident, only when you take help from a lawyer at the right time.
When a Law Suit Becomes Necessary?
Neither you nor the insurance adjuster benefits from a protracted legal battle. Both sides would prefer to avoid litigation if they can come to a reasonable and fair settlement. Without the possibility of litigation, however, insurance companies would be incentivized to drag your case out. Before considering litigation, the following things need to occur:
- You need to retain the services of a lawyer. Lawyers work on a contingency basis to make you talk to them without obligation.
- Your attorney needs to review your medical records, pull the accident report, go over receipts for related expenses, and depose witnesses to the accident, including the other driver(s) involved.
- Once your lawyer knows the entire picture of the case, they can approach the insurer with a counter offer. It will generally be much higher than the settlement you were initially offered.
- There is usually a negotiation phase at this point where your attorney will try to provide a fair settlement amount for your claim.
- Only when the negotiations break down or prove fruitless will your attorney begin litigation. Even after your lawyer files a lawsuit, there are still opportunities for both sides to bring in new offers.
Is It Possible to Sue Other Driver?
It is only possible when you are entirely sure that the other driver was responsible for the car accident and your bad position. It is not always recommendable to sue that person because it is a waste of time and money if you are not even much sure. Your lawyer can file a case against the other driver and ask for compensation or blame for everything. The case doesn’t need to go in the same way that you are expecting.
In many cases, the victim does not file any case because they do not want to get involved in such tension. But if you still need compensation, then you have to give proofs for the liability of the driver. If you have any witness, then also you can prove the entire scene of your accident. If the court finds you true, then only it will ask the other driver for the fair compensation or may punish him.
You must have proofs to show damage or injuries, then it is impossible to get compensation or win the case. You need to keep these things in your mind properly so that you do not lose your time, money or efforts. If you have suffered the injuries in actual, then you will get a claim for all your injuries and property loss. Make sure that you get into all this only when you are a real victim.
The Importance of Having a Lawyer
Car accident claims are complicated. If you’re not having experience in negotiating injury settlements, the insurance company can take advantage of you. Speak to an attorney about your accident injuries. Make sure that they have litigation experience should the case go that route.
Involving a lawyer can clear out all the doubts and convince insurance companies to provide hospital expenses. In this way, they will not take any advantage of you and your policies. If you want to keep everything fair and justified, it is necessary to consider the importance of a professional lawyer.
For more information, click 1800injured.care lawyers and you’ll be connected to a car accident law office.
