Car Accident Injury Claim: Should You Settle or Sue?

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When you are involved in a car accident that has been caused by another driver’s negligence, you are entitled to get compensation for your injuries. To do that, you can file a compensation claim against the at-fault driver or their insurance company., but there are different things involved in an injury claim that you should know first. Depending on the nature of your accident, you can consider settling the claim out of court or file a lawsuit. To help you choose the best course of action, here’s what you should before deciding to settle or sue.

Gather Evidence

The most important thing that you should do after a car accident is to gather evidence that you can use to support your compensation claim. If you have a strong understanding of the law, you can pursue your claim on your own, but this may not be easy as it sounds. When you file a compensation claim, most insurance companies demand to see a police report and a medical report. You must get photos at the accident scene, which you can use to prove fault or negligence. The insurance company will also dispatch adjusters to evaluate the damages caused to the vehicles to determine the settlement that you should get. 

Seek Legal Advice

You must seek legal advice before you pursue a car accident claim to make an informed decision about whether to settle or file a lawsuit. In heavily populated states like South Carolina, thousands of car accident cases are resolved annually, but you need to consult the right attorney to increase your chances of getting fair compensation. In that case, hiring South Carolina personal injury lawyers who have a huge amount of experience in handling similar cases in the state is the best decision you can make. Your attorney will calculate your damages you are owed by evaluating all the evidence you provide. They can also determine the merits of your case before you proceed to file a lawsuit. 

File a Compensation Claim

With the help of your car accident attorney, you should file a compensation claim to the at-fault driver or their insurance company. A compensation claim is a letter of demand that you send to the insurance company stating the facts and the damages that you require for the injuries sustained in a vehicle collision. In most cases, car injury claims are settled before they go to trial since the insurance companies also try to avoid the hassle of lawsuits. Filing a lawsuit can be time-consuming and costly, and it can also injure the reputation of the insurance company involved. 

When liability in the accident is apparent, some insurance companies are quick to offer an award to the claimant. However, what you should know about insurance companies is that they are in business, and they can offer a lower settlement by taking advantage of your ignorance or desperation. You should evaluate if the settlement that you are offered is worth your injuries and other damages. This is where your accident lawyer comes in handy to help you make an informed decision. Accident injury attorneys also have experience in negotiating with insurance companies to help you get the maximum settlement. If you agree on the compensation with the insurer, you settle the case and wait to receive your payment. 

When you are involved in a car accident that has been caused by another driver’s negligence, you are entitled to get compensation for your injuries.

File a Lawsuit 

In other cases, the insurance provider may refuse to offer satisfactory compensation to the claimant because of various reasons. If you feel shortchanged by the offer made by the insurer, you should not give up. You can file a lawsuit where the case goes to the court of law for trial. An independent judge will preside over the case, and they consider all the evidence presented by both the defendant and the claimant to determine the appropriate settlement. 

Before you file a lawsuit, it is essential to work closely with your attorney to help you put all the paperwork in order. You also need to gather strong evidence to support your claim. More importantly, you must know the statute of limitations before you file a compensation claim. The statute of limitations varies by state, so you should consult your attorney to ensure that you do not miss the deadline. If the statute of limitations expires before filing a compensation claim, you lose your right to get the benefits you deserve. 

If you are involved in an accident that you believe was caused by someone else’s negligence, you are entitled to get compensation from the at-fault party. However, getting the benefits you deserve might be difficult since the insurance company involved can dispute your claim to protect its business interests. That’s why you must enlist the services of a professional personal injury lawyer. Many insurance companies prefer to settle car accident injury claims out of court to avoid the arduous route of lawsuits. You can consider filing a lawsuit if the insurance company offers little settlement that cannot cover the damages you suffered from the accident. 

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