Car Accident Lawsuits: When Settlement Doesn't Work

Car accident lawsuits often result when settlement negotiations fail. While settlement may be desirable to minimize expensive litigation fees, a trial is sometimes the best way to get the compensation you deserved in an injury case.

Alternatives to Filing in Court

Before you decide to take your case to the trial court, you may want to consider a few other options which could reduce the cost of your legal expenses and put more money in your packet. Three alternatives to trail are:

Arbitration - an out of court process that generally reduces legal fees but results in a legally binding outcome.
Mediation - an impartial third party works with the parties to come to an agreement. The agreement may or may not be legally binding, depending on whether the parties sign a binding contract.
Small Claims Court - while most people might not realize it, small claims court can be used for handling claims for smaller dollar amounts. The rules may be different as to dollar amount of damages in each state. Some states do not allow you to have an attorney represent you in small claims court, but this does not prevent you from consulting an attorney about your case.

If Your Case Goes to Trial

If you are unable to reach an agreement as to your car accident settlement, then you generally have the right to take your case to trial. Because state law varies, you need to consult an attorney in your jurisdiction to make sure that a suit is viable. If your case has a likelihood of success at trial, your attorney will file a complaint against the party or parties to be sued. They will be required to answer your complaint and this begins the trial process. The initial phase of trial is called discovery. Attorneys ask questions and answer questions based on the facts of the case. This is usually done through depositions (similar to an interview) and interrogatories (documents which are sent to the other party's attorney). Sometimes a settlement is reached during this phase, and other times you will go to trial and a judge or jury will decide your case.

Getting Legal Help

An attorney can help you with the legal process of filing an injury claim if your insurance is not agreeing to compensate you adequately for your losses in an accident. It is best to contact an attorney as soon as you think a lawsuit might be the prudent option in your situation. An attorney will help you gather evidence, deal with other parties and your insurance and answer your questions throughout the case.

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