Car Accident Lawsuits: What you Should Know

If you have been involved in a car accident and you think another driver is at-fault you may want to take your claim to court. Alternatively, you may wish to hire a lawyer to help uncover evidence or to speak to the other driver’s insurance company on your behalf.

Below you will find links to articles that may help you with all of your queries and questions:

Car Accidents and How Negligence is Defined

Regardless of where your car accident takes place, the person who caused someone else a personal injury may be liable. This is especially the case if they are considered to be negligent under the law. Negligence has a very specific definition, however, it is crucial that anyone involved in a car accident understands that if they were not driving as they should have been they may be found liable.

An Outline of Car Accident Lawsuits

If you are finding it impossible to settle a car accident claim you may have to file a lawsuit. Let’s take a look at what you should expect when you are filing the lawsuit and any alternatives to going to court.

The Alternatives to Filing a Lawsuit in Court

If you have been involved in a car accident you may wonder what you should do next. Should you immediately head to court or should you consider the other options instead? The good news is there are a few more options that could help to save you money and help you to get the result you’re looking for.

How Long Do You Have to File a Claim?

If you have been involved in a car accident you should be aware that you have a specific and limited period of time to file your personal injury lawsuit. The amount of time you have to file your claim has been set by the statute of limitations. Every single state has its own statute and some are as short as a year, whereas others are up to 10 years. However, most states offer 2 to 3 years after an accident.

If you fail to make your claim within the set time limit your case will be thrown out of court. This means you will not receive any compensation for any injuries or losses that occurred as a result of the car accident. This is why it is vital that you file your claim within the time limit.

Car Accidents and Civil Court Trials

If you have been involved in a car accident and the lawsuit goes through the pre-trial stage without anyone agreeing on a settlement, your case could be taken to a civil court.
Here is what you can expect from a lawsuit that is taken to a civil court:

Jury Selection

If your case is heard by a jury the potential jurors are sworn in, and the judge informs them about the case, and any selection procedures they need to be aware of. At this stage, you and the defendant and your lawyers may be identified to the jurors.

The potential jurors will then be asked a few questions, in some parts of the United States, it is the judge who asks the questions. The questions are likely to be based on some of the issues that the lawyers for the plaintiff and defense have raised. In some states, it is the lawyers who will ask potential jurors any questions.

Are Car Accident Settlements Taxable?

Many people after they have been involved in a car accident walk away with a settlement. Most people who are awarded a settlement would like to know if the IRS will take some of it. Unfortunately, there is no straight answer as it depends on the case in question. It can ultimately come down to what the money is for and how it can be broken down in terms of purpose (Such as compensation for medical bills).

A car accident claim will be valued and compensated and this compensation will be based upon pain and suffering, loss of earnings, medical bills and more.

For example, an award of $150,000 may be broken down into the following:

$45,000 medical bills
$30,000 lost wages
$40,000 pain and suffering
$20,000 punitive damages
$15,000 property damage

Car Accident Claims and the Burden of Proof

If you have been involved in a car accident and your case is taken to court someone will have the burden of proof. What this means is that one party has to prove to the jury or the judge that their version of the facts is true. The burden of proof also exists when someone is looking for an insurance settlement, and when a lawsuit is taken to court. Anyone who has the burden of proof will have to show a certain amount of evidence to get their case across.

Hit and Run Car Accidents in South Carolina

If you have been injured in a hit and run accident you can sue the driver of the vehicle. If you were injured and you had uninsured motorist coverage at the time of the accident. You can use your own insurance company and you can also file a lawsuit as anyone else would if they were involved in a car accident.

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What you Need to do so you can Make a Claim

There are 3 things you would need to do so that you can make a claim after you’ve been involved in a hit and run accident.

1 – You should have reported the accident to the police within 48 hours of the accident occurring. The person who was involved in the accident needs to contact the police within this period of time, or anyone who was acting on their behalf.
2 – The injuries or property damage should have been caused by contact with the other vehicle. This is opposed to injuries or property damage that had been caused by you swerving to avoid the other vehicle.
Or
the accident needs to have been witnessed by someone who was not the operator or the owner of your vehicle. This individual will be required to sign an affidavit that confirms that the accident took place, and just as the facts have stated.
3 – You were in no way negligent when you were trying to determine the identity of the driver of the other vehicle, and the vehicle itself.

If you are currently suffering from a personal injury and are unable to read ‘Car Accident Lawsuits: What you Should Know’ please watch our Injury Pedia video so you can gain the Personal Injury Information and Answers you are seeking.

2018-12-11T12:29:47+00:00By : b6njx | Category : Car Accident Personal Injury