Sometimes, car accident cases are settled easily. The insurance companies evaluate the damage, they offer some amount of compensation, and everything is done and closed within a matter of weeks. It’s easy and hassle-free. Unfortunately, not every single case is like this. In fact, some cases even require legal action. If the insurance company refuses to pay the appropriate amount of compensation to the victim, the victim may opt to file a car accident lawsuit so they can seek the full amount of money they’re rightfully due.
If the at-fault driver’s insurance company just isn’t offering enough compensation in your car wreck case, then it may be time to consider filing a formal car accident lawsuit. Here’s what you’ll need for it to be successful:
- Ample evidence – First and foremost, you’re going to need plenty of evidence that pins the blame on the other driver – and pulls attention away from you. You’ll want a police report, any traffic camera footage that’s available, eyewitness statements from anyone who may have seen the accident go down, pictures of the car and accident scene, and any other evidence you can get your hands on. If evidence is limited, a day-in-the-life video can be especially helpful, as it can shed light on the true hardships you have experienced as a result of your accident and the injuries it has caused you.
- A solid story – If you want to be sure that you’re not stuck shouldering any of the blame for a wreck you didn’t cause, you need to have your story down pat. When you talk to a representative of the other driver – their insurer or their lawyer – always stick to the same details. Don’t give more information than you need to, and be careful not to apologize, admit any type of fault, or go back on any elements or details you may have shared earlier in the process. Doing so can show you’re an unreliable and untrustworthy witness, and it can actually implicate you in the wreck. Ultimately, that means you get less money, and the driver who was at fault doesn’t have to pay out the full amount they should. So after the accident, sit down and piece together exactly what happened so you’ll have it straight in your head and won’t have a changing story.
- An experienced lawyer – Hiring a lawyer can go a long way toward ensuring your car accident lawsuit is a successful one – especially if the lawyer you hire is experienced. They’ll know what evidence to gather on your behalf, they’ll know how to ensure you’re not stuck footing the bill for an accident you didn’t cause, and they’ll know how to fight for your rights and get you the compensation you deserve.
- Proof of damages – In addition to having evidence that the other driver is at fault for your wreck, you’ll also need proof of any and all damages you suffered. You’ll need bills that state the costs and expenses you incurred because of injuries or medical care, estimates and receipts from car repair and body shops, and documentation of any days or hours you missed from work. Once all these are gathered, your attorney can accurately determine how much your accident case is worth. This can also help them when evaluating any offers or settlements that come in. If an offer is not up to snuff or won’t cover all your damages and expenses, the attorney can refuse it and try to negotiate a new amount.
Once you have these four elements in place, your car accident lawsuit should be well-positioned for success. Contact a car accident attorney at the Law Offices of Pat Maloney to get started on your case today.