If you sustain any injuries as a result of an accident caused by another negligent individual or entity, you may be able to seek compensation in an accident lawsuit. Before even filing accident lawsuits or claim, you may be worried about your chances of success, but there are ways to build a strong case in addition to consulting with an attorney who can guide you through the process.
Following any kind of accident, it's important to seek medical care as soon as possible. If you hold off on seeking treatment, this delay could hurt your case as the defendant may claim that your injuries aren't severe or didn't result from the accident. Defendants may also claim that the delay in seeking treatment was responsible for the aggravated injury.
When seeking treatment, you can also get copies of all medical records and bills, which will help support your claim and calculate the compensation you may be able to recover.
Prior to filing an insurance claim after an accident, consider how you will communicate with the insurance company. Make sure you only make comments that can support your claim, or the insurance company may use what you say against you and deny liability.
If you believe that another party's negligence resulted in an accident and your injuries, try to file a police report in addition to seeking treatment. Police reports can supplement your medical records as you develop your case, and they can ultimately prove that the other party was at fault for the accident. If for any reason you are unable to get hold of a police report, try to locate witnesses who were present at the time of the accident. Witnesses may be able to verify your claims and further confirm that the other party practiced negligence.
When talking with the party you believe was responsible for the accident, avoid making any statements that might indicate that you were at fault in any way. In addition to speaking carefully around the defendant, you should also be careful about what you say to anyone else regarding your case. For example, you may make a post on social media that inadvertently indicates that you were in good health soon following the accident, with video or images showing that an injury had little to no effect on your daily life.
Any bills, receipts, or other documents accumulated throughout accident lawsuits could be vital at some point, particularly during the discovery and trial processes. Any documents that support your claim should be tracked and secure. If you are unable to obtain certain documents that you would like to have, your attorney may be able to help you gather all relevant paperwork. Your attorney will also be able to review all of the documentation to determine what will support your claim and what to avoid using.
All accident lawsuits must be filed within a certain time limit known as the statute of limitations. The statute of limitations will depend on the circumstances of the case and the state where the case takes place. Typically, the statute of limitations will be anywhere from two to four years, and the time limit will start from the time of the accident.
You're likely to encounter a substantial amount of paperwork throughout your case but be careful before providing your signature for any of it. You may discover that a document you signed limited the amount of compensation you can receive or even voided your ability to file an accident lawsuit entirely.
Your lawyer may be able to help you review paperwork prior to signing.
If you want to maximize your chances of winning an accident lawsuit and receiving the full amount of compensation to which you may be entitled, consult with an experienced attorney. Having a knowledgeable lawyer by your side can help you gather all the necessary evidence and take all other steps needed to help you reach a favorable settlement. All of the above aspects are important to help you win a lawsuit, but an attorney can help ensure that you avoid any missteps along the way.
Other car accident resources:
Other car accident resources:
- Florida Department of Highway Safety and Motor Vehicles: Florida Insurance Requirements. Involved in a Crash?
- Florida Bar Association: What’s an example of negligence in a car accident?
Car Accident Settlement Process Explained
We will try to settle your claim, but we will take your case to trial to get what you need to recover fully.
First, we will need to gather the necessary evidence to support your claims, such as medical records, medical bills, witness statements, photos, video, expert witness reports, and testimony. This evidence is then used to create a demand package and lays the foundation for negotiations with the insurance company.
The insurance provider may make an initial settlement offer, which marks the beginning of negotiations. At this point, both parties will negotiate an acceptable resolution. If the company denies your claim or doesn’t make a fair offer, we will file a lawsuit.