What are the Stages in a Car Accident Lawsuit

If you are involved in an auto accident you have the right to file a lawsuit against the other driver and claim compensation for damages to your car and/or injuries you suffered. However, it is prudent to understand the various stages in a car accident claim or lawsuit, suggest Riverside County, CA accident lawyers.

Before you think of suing, it is important to determine how much the other driver’s insurance company is willing to reimburse.

\If you feel that the at-fault driver’s insurance policy limits aren’t sufficient to cover your medical costs and car repairs, ask your insurer if your insurance includes under-insured motorist coverage to help you make up for any shortfalls in the other driver’s accident insurance policy. Even when this is the case, you may yet have the chance to file a lawsuit if your loss remains more than your under-insured motorist insurance coverage.

If you happen to live in a no-fault state, it is possible for you to sue only under certain limited conditions. Your insurer and accident legal representative will be able to provide details based on your case. In certain jurisdictions, you are able to sue if your car damages, medical expenses, and loss of income, exceed a particular amount. In these days, insurers seldom cover non-economic losses.

There is no compensation for factors such as pain and suffering, loss of consortium, and emotional distress. If you wish to be compensated for such losses, your best recourse is to file a lawsuit, after discussing all available options with your legal counselor.  

Comparative Fault Rules in California

According to Southern California accident lawyers, the state has adopted the pure comparative negligence system where you have the right to recover compensation from the at-fault party regardless of whether you are at fault or not. However, your compensation will only be proportionate to the other driver’s percentage of fault. In other words, if the other driver is found to be 70% at fault and you 30% at fault, you will only receive 70% as compensation for damages. 

Riverside County accident attorneys caution that an insurance claim adjuster will turn to the state’s comparative fault rules when determining how much your claim is worth.

Filing a Lawsuit

A lawsuit for obtaining compensation for a car or truck accident injury is in effect a civil lawsuit, otherwise termed tort or personal injury. This type of lawsuit usually follows a procedure which begins with filing a petition with the local court. Some states impose a time limit for filing a lawsuit. Legal professionals confirm that the statute of limitations for filing a personal injury lawsuit is two years from the accident and three years in the case of a property damage lawsuit.

Your petition must detail the allegations that in effect make you as the plaintiff entitled to seek monetary compensation from the other driver, the defendant. The complaint should also include the relief you seek, outlining the legal theory according to which you propose to establish your case.

The at-fault driver along with his/her insurer should respond within a set time limit to your lawsuit. In this response the defendant will deny or admit your allegations. It can also contain counterclaims, claiming that you caused the car accident and are therefore liable for all your personal injuries. Here again, you have a set time within which you must respond to the defendant’s counterclaims.

Pre-Trial Practice

On receiving the petition, the judge decides on a date for the trial. At this time, the court may order you to resort to mediation. In such a situation, you and your legal representative meet the defendant and his/her lawyers for negotiations moderated by a third-party mediator, who channels the conversation into an agreement.

Your Case Goes to Trial

If mediation fails the case goes to trial. Only a few car and truck accident cases reach this stage where a judge will decide on which laws are applicable and a Riverside County accident lawyer will be in lockstep with you during this situation. On the other hand, the jury will decide on what exactly happened in the accident and whether those facts meet the requirements governing personal injuries.

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