If you or a loved one get involved in an accident on the road, the situation may call for you to file an auto accident lawsuit. However, before you file a personal injury claim, it’s best that you fully understand the various factors surrounding your case, from your rights to the legal requirements you need to meet. When seeking compensation from a road traffic accident, here’s what you need to know before deciding on settling or suing:
Auto Accident Lawsuit Filing Deadline
There are various legal requirements that one is obligated to comply with during an auto accident legal case, one of them being deadlines. Each state has its own laws and deadlines relating to the duration you have to initiate legal proceedings after encountering an accident, known as the statute of limitations. If you’re based in Los Angeles, California, accident victims generally have a maximum timeline of two years from the date of the accident to file a lawsuit against the at-fault party. Furthermore, this deadline is different for other procedures, such as filing a claim with your insurance company for the accident, which can vary from one provider to another.
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Should You File an Auto Accident Lawsuit?
Many auto accident lawsuits are resolved through settlement before being taken to court as a filed lawsuit. In most cases, both parties will have the opportunity to settle the claim before escalating to a court trial. California is a state with at-fault auto insurance laws, indicating that the insurance provider for the at-fault party in the accident must pay for any incurred damages in a settlement. If you’re debating between resolving your accident with a settlement or filing a lawsuit, we recommend you seek legal advice from a lawyer from a personal injury firm to reach the best possible decision.
Potential Damages Recovered in an Auto Accident Lawsuit
You can recover both financial and non-financial damages when filing an auto accident lawsuit, including:
- Property damages
- Medical expenses
- Permanent disability
- Lost wages
- Mental anguish
Before any litigation becomes necessary, your insurance company is likely to try settling damages with the other parties involved. Obtain the details of any settlement terms in written form and take the time you need to fully understand them, instead of rushing to accept them. Your personal injury lawyer can help you to determine the value of your damages, helping you to avoid accepting an unfair lowball settlement offer.
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Starting a Car Accident Lawsuit
If you are unable to reach an agreement of terms with the other parties, you may decide to take the case to court for maximum compensation. However, both sides can agree to resolve the case with a settlement at any time during the civil suit. An auto accident lawsuit can take several months to even years, and your case handler will be with you every step of the way to ensure you receive fair compensation.
Looking for a Los Angeles auto accident lawyer to guide you through an auto accident lawsuit? Don’t hesitate to rely on us here at The Ryan Law Group.
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