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Filing a Car Accident Lawsuit? Here are Some Things You Should Know

Posted on October 2, 2011 by emorgan

You were driving along when BAM! Someone cut through the intersection and collided with your car. Or you were slowing down as the light turns from yellow to red when the car behind you failed to step on the brakes and rear-ended your car.

These things do happen, even to the most careful of drivers. The sad thing is that you sustained damage or bodily injury due to someone else’s carelessness or mistake. The good thing is that you are well within your rights to ask for compensation for the damage and expenses incurred due to the car accident.

You usually have to deal not just with the individual who rear-ended you or crashed into your car. You may have to work with their respective insurance companies to get compensation. Sometimes, you may have to file a car accident lawsuit, especially if you are unwilling to accept the settlement offer made by the other party and/or their insurance company.

Here are some things you should know when you are thinking of filing a car accident lawsuit:

- Medical attention. Even if you feel “all right” after the car accident, you should have yourself checked by a doctor. Failure to do so may weaken your lawsuit claim.

- Statute of limitations. Each state will have its own time limit as to how much time you have to file a claim after the accident has occurred. Usually, the statute of limitation is around two years. After two years, you don’t have the legal recourse to go after the erring party to claim for losses incurred due to the car accident.

- No-fault states. There are states that are called no-fault states. These states require that your injuries reach a certain maximum amount (either in terms of injury severity, pain and suffering or expenses incurred during the treatment). If these thresholds are not met, you may not be allowed to file the car accident lawsuit.

- Collect and keep records. This includes:

  • Police reports and statements of witnesses
  • Pictures of the crash site and the cars involved
  • Medical records from the doctor who treated you for any injuries sustained. This may include the doctor’s opinions as to the extent of the injury and how much more treatment is needed.
  • Records (and official receipts) of all related expenses

Be sure to keep receipts and bills and other pertinent documents.

- Know your rights or get legal advice. Never sign anything (especially with the other party’s insurance company) unless you know what you’re signing or unless you have legal representation. The other party’s insurance company may try to contact you and get you to settle (usually for an amount much less than what the claim is worth). To protect your personal rights, contact a lawyer, especially one who has a solid background in car accident lawsuits.

- Settlement demand and negotiations. When your lawyer has all the necessary evidence and documents, he will write a demand letter to the erring party and their insurance company.  You and the other party will try to negotiate an acceptable settlement. If the negotiations do not result in a settlement, you and your lawyer can file for a car accident lawsuit.

- Non-economic losses. During the pre-settlement or pre-lawsuit stage, other non-economic losses such as pain and suffering, loss of spousal companionship and emotional distress is not taken into consideration. These usually come into play when a lawsuit has already been filed.

- Court-related costs. When the lawsuit is filed, there may be court-related costs that need to be shouldered. This includes photocopying expenses (to get enough copies of the lawsuit and other relevant evidence), postage fees, costs of deposing witnesses, mediation fees and other court-related costs.

- Notification to your health insurance company. Your health insurance company may have already spent for your treatment. However, once your car accident claim or lawsuit is settled, you are required to repay the medical expenses “advanced” by your health insurance company. You may be found guilty of insurance fraud if you fail to notify your health insurance company about any settlements you receive.

- Lawsuit funding. After filing a lawsuit, you can consider getting lawsuit funding to help provide you with funds as you fight it out in court as well as pay for your household expenses and medical treatment. Be sure to work with a reputable lawsuit loan company such as FastLawsuitMoney.com.

- Reasonable expectations. After filing a car accident lawsuit, manage your expectations and keep it at reasonable levels. Be ready to return to work once you are well enough. Avoid using the car accident (and the minor injuries you may have sustained) as a reason to get off working.

The Lawsuit Process

Filing a car accident lawsuit and seeing it successfully being settled may be a long and drawn-out process. After filing, you may have to wait for trial schedules, presentation of evidences and the settlement of the case. This may take months and even years to complete. During that time, you may have to spend for court-related costs, your treatment and also your day-to-day expenses.

Lawsuit funding (or lawsuit loans as they are sometimes called) will help provide you with the ready cash to move on with your life even as you await the settlement of your car accident lawsuit. FastLawsuitMoney.com provides a quick and easy settlement funding applications process. Once your case is deemed eligible, you can have access to cash in as quickly as 24 hours.

Since starting this, FastLawsuitMoney.com has  extensive experience in providing settlement loans. We’ll be glad to help you get the funds you need as you wait for the settlement of your lawsuit. These settlement funding or loans will be based on the merits of the case, as well as the size of your lawsuit claim.

 

 

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