If a person gets involved in a car accident, and another person is at fault, the car accident victim has legal rights to be compensated for injuries and damages. The at-fault driver is responsible for the other person’s injuries because they happened due to his recklessness or negligence.
After a car accident, filing a lawsuit isn’t the best option, but it is still up to the victim to file for one. Welcome to our “civil lawsuit for car accident” review, which will talk to you about other ways to resolve a car accident case rather than filing a car accident lawsuit.
A better, easier way to resolve a car accident is through a settlement agreement, and the settlement agreement method involves paying the accident victim some amount of money. After collecting the money, the victim will not ask for any money again from the at-fault driver. Both parties can reach an agreement by filing a car accident claim against the at-fault driver’s insurer. Another way is for the victim to file a car accident claim using his insurance coverage.
Negotiations are likely to go on, but this remains the best way to resolve a car accident case. These methods remain the best, especially if the injuries and damages involved are minor and if the at-fault driver can clear the liability. Failure to resolve a car accident claim through any of the processes we have discussed will result in the victim filing a personal injury lawsuit.
Filing a personal injury lawsuit can be done in a small claims court, but if the victim’s compensation amount is higher than the small claims limit, the victim has the right to move the case to a regular civil court.
Civil Lawsuit For Car Accident
In a small claims court in New York, a person has the power to sue another person for as much as five thousand dollars, but such an amount won’t be possible in village courts or town courts because their limit is three thousand dollars. If a car accident victim files a civil lawsuit for a car accident, they already have an edge during settlement negotiation.
The fact that a car accident victim decides to file a lawsuit tells you that he or she is ready to make a case. Only very few insurance adjusters are willing to go against a car accident victim in a trial, where the final decision rests in a judge or jury’s hands.
The reason no insurance adjuster will like going to trial is because of a jury’s unpredictability. Another benefit a car accident victim has if an accident case goes to court is there is an option of a jury listening to every detail before reaching a final decision.
However, a car accident case can get settled before or after filing a civil lawsuit for a car accident. Still, if there is difficulty in reaching a settlement, which happens sometimes, the option of filing a suit comes into play. Furthermore, submitting a personal injury lawsuit should be done within a specific period.
There is something known as the statute of limitations, which places deadlines regarding filing a personal injury lawsuit. For example, in New York, the statute of limitations permits car accident victims to file a personal injury lawsuit within three years after the accident happened.
The New York City Bar Association also states that the three-year duration applies when the at-fault person isn’t the government. Another essential fact that you should know is the New York No-Fault insurance permits car accident victims to file a claim within thirty days of the accident.
Finally, one thing we always recommend when it comes to car accident cases and the possibility of it going to trial is for the car accident victim to consult and hire an attorney’s service. Working with an experienced car accident attorney will boost a person’s chances of receiving reasonable compensation and help build a strong case if the case eventually gets to trial. If the final decision rests in a judge or jury’s hands, you will need an attorney’s skills and experience to guide you in court.