Legal Guide

Can I Sue Someone Personally After a Car Accident?

If you are harmed or if your property was damaged during a car accident caused by the negligent behavior of another driver, you are entitled to compensation from the driver or their insurance company. Unfortunately, even if it is quite clear that the other party is at fault, most times they won't admit it and their insurance company will also try to short-change you.  

If you ever find yourself in this situation and you are confused about what steps to take, just know that you can go ahead and sue the driver personally. 

In the state of Florida, you can file a claim against the party at fault and their insurance company for up to four years after the accident. However, things can be complex without proper knowledge or the assistance of a car accident lawyer. If you are in this situation, this article will tell you everything you need to know about accident-related lawsuits. 

Your Rights After A Car Accident

As a car accident victim in Florida or anywhere else, you have several rights. These rights grant you the privilege to take legal actions against the party at fault and sue them for the damages that were incurred. 

However, you need to prove that the other driver was indeed negligent and was truly the cause of your accident. To help you with this, you can reach out to a team of reputable accident lawyers in Miami. They will help you identify and source evidence that can back up your claim and get you the compensation you deserve. 

As a car accident victim in Miami, you can collect both economic and non-economic damages for your injuries. When it comes to non-economic damages, there is no limit to what you can collect. However, you need to have a good accident lawyer to provide adequate legal support. 

Settling Out Of Court Vs. Going To Court

Although you have all the right to sue the other driver responsible for your accident, it may not always be the best option. An easier option is for your attorney to approach the insurance company with enough evidence to convince them that they will lose the case if it goes to court. Therefore, they get better off settling outside of court. Insurance companies will likely go with this because it prevents them from going to trial, paying attorney fees, and subsequently end up paying you more. However, if the other side hesitates to give you the compensation you deserve, your lawyer can then file a lawsuit. It is always advisable to consider out-of-court settlements first before proceeding to file a lawsuit. Most experienced lawyers can easily determine if a case is worth taking to trial. This is why you should consult with your lawyers before taking any legal actions. A good lawyer will help you decide if it is in your best interest to pursue a lawsuit. 

What Can You Expect From A Lawsuit? 

For a successful car accident lawsuit, you will have to show proof of the severity of damages that you have suffered. The damages may be in the form of physical injuries, which results in the inability for you to work or even emotional trauma. You should also know that the attorney for the other driver will be working just as hard as yours to ensure that their client goes scot-free or pays lower compensation. For this reason, it is important to get highly skilled and experienced car accident attorneys that can help you gather solid evidence to refute the false allegations that the other party may make against you. 

Before proceeding with your injury lawsuit, there are certain things you should have in mind and below are some of them: 

Car Accident Lawsuits Are Designed to Protect You Not To Work Against You

Car accidents and injuries result in unplanned expenses and a lot of emotional stress. Thankfully, you can recover some, if not all of these expenses through a car accident lawsuit. However, how high or low your compensation will be is greatly determined by the nature of the accident and how experienced your lawyer is.

Having A Lawyer Help You Recover More Damages

It has been proven that people who have strong legal backing for their accident case get awarded more compensation (3 times), than those without it. This is simply because accident lawyers are well trained to negotiate a favorable settlement for you. They put factors like the severity of the accident, trauma, and expenses incurred by your accident into consideration when negotiating compensation. In a situation where the insurance company is unwilling to negotiate, your lawyer then proceeds to present your case in the strongest terms in court. 

The Sooner, The Better

The sooner you reach out to an accident lawyer after your car accident, the better. It is the job of your lawyer to guard you against making costly mistakes such as telling the insurance adjuster way too much or not documenting your injury. Having a lawyer also helps you navigate complex legal procedures and reach out to the insurance company on your behalf. 

Don’t Sign Anything Before Consulting An Attorney

After your accident, you will be approached by an insurance adjuster to get you to settle immediately. However, it is advisable not to sign or agree to anything without consulting your lawyer. You should also know that most times, the insurance company does not have your best interest in mind and is only looking for a way to make you accept a settlement far less than what you deserve. 

Establishing Negligence Is Important

Before filing a lawsuit, you must establish that the car accident and the injuries you have sustained are a result of the other party's negligence. If the negligence of the other person is indeed the cause of the accident, they will be liable for the resulting damages. 

Finally, you should know that most personal injury lawyers will not charge you an upfront fee. Most times you only have to pay if you win the case. 

If you are involved in a car accident and you are in need of a reliable and experienced attorney to help you file a lawsuit or settle with an insurance company, just reach out to us at Flagler Personal Injury Group. Our team will go over your case and advise you on the steps to take and will work with you on your case. 

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