Car accidents are the main cause of injury in the United States. A lot of these injuries and fatalities lead to car accident lawsuits. If you or your loved one has been in a car accident, you are entitled to file a claim against the at-fault driver. This article explores the basics of car accident lawsuits and why you should seek the services of an experienced car accident attorney in Boca Raton, FL.
Negotiating with the Insurance Company Before Litigation
Before you file a car accident lawsuit, you can choose to settle a claim with the insurance company of the other driver. The insurance company will usually offer to settle the claim, but usually for the least amount. But, your lawyer can negotiate with them for a fair settlement and bring your case if the insurance company refuses to pay the amount you demand.
No-Fault Insurance
The existence of no-fault insurance laws in some states reduces the chance of litigation. With these laws, your own insurance company will pay for your personal injuries up to the policy limit unless you drove your car under the influence of alcohol or drugs or displayed criminal behavior. If you have to make a claim and your insurance company refuses to pay, you need to sue them.
Negligence
If no-fault is not applicable in a state, the car accident lawsuit is almost always based on a theory of negligence. Negligence happens when an individual who owes a duty of care to another person acts carelessly and their actions lead to an injury to somebody else. Every driver must follow the rules of the road, drive their vehicle at a reasonable speed, and pay attention to the road. If a driver is behind the wheel while under the influence of substances and violating rules, they may be presumed negligent.
Kinds of Compensation
Car accident lawsuits may lead to various claims for compensation. Such claims may include property damage, lost wages, medical expenses, pain and suffering, punitive damages, as well as loss of affection, consortium, and companionship. A car accident that leads to a fatality may also result in a wrongful death claim and associated damages. The amount of compensation a victim deserveswill be determined by their car accident lawyer.
If you are involved in a car accident, you will usually interact with the insurance company several times, even before you file a lawsuit. Insurance providers have legal representation. If you want to file a lawsuit over a car accident claim, make sure to contact a car accident attorney in Boca Raton today.