After a car accident, you can go through your insurance or the other driver’s insurance to seek compensation for your losses. Your insurance coverage might offer to pay your bills, but there is a catch: these companies rarely offer to pay the full amount. So what are your options?
You may be wondering whether suing is in your best interest. The litigation process can be long and complex and costly, and it does not always turn out in the claimant’s favor. Thus, understanding the basics of personal injury law is critical to your decision.
A personal injury case hinges on proving fault. If the other driver was mostly at fault, he or she can be held responsible for your injuries. California follows a comparative fault clause, meaning that even if you are partially at fault, you can still collect compensation. Your fault percentage reduces the amount of compensation you receive. For example, if you are 10% at fault for the accident, you will receive 90% of the total compensation.
Proving fault is how you obtain that compensation. Perhaps the other driver was talking on a cell phone and rear-ended you. Or maybe he or she was speeding or driving under the influence. These are examples of negligence, which will increase the other driver’s fault percentage. When you sue for a car accident, you want to be as close to 0% at-fault as possible.
If you and your attorney can argue that you were mostly not at-fault and that your losses necessitate compensation, it can be a good idea to sue to obtain damages like medical expenses, lost wages, property damage, and pain and suffering. Typically, the at-fault insurance company will try to pay as little as possible. As you and your lawyer consider litigation, keep the following tips in mind:
Contact the Law Offices of Edward C. Casey, Jr. to discuss your possible options to obtain fair compensation after a car accident.