3 Things You Need To Know About Filing A Personal Injury Lawsuit
Filing a personal injury lawsuit may be the best thing for your situation. There are many people who are in accidents who think that they can't get any restitution from the guilty party and so they do nothing, not knowing that there are many options for the lawsuit. Here are some things that you need to know about filing a personal injury lawsuit.
1. Just Because The Police Filed A Suit, Doesn't Mean It Will Help You
In some cases there will be criminal charges brought against the guilty party. For instance, if a drunk driver hit you, the state may try them in criminal court. But it is important to know that criminal court and civil court are different. In criminal court the individual will be charged by the state, you will have nothing to do with it. If they lose the case the guilty party will be fined or will be sentenced to prison time. Thus, even though it was proven that they were responsible for the accident, and broke the law, that doesn't mean that you will get money. Instead, you have to file a personal injury lawsuit in civil court. Then the judge in civil court will decide if they were at fault, and if they owe you money.
2. You Don't Have To Sue The Individual, You Can Sue The Insurance Company
In some cases you won't sue the individual who caused the accident, instead you will actually sue the insurance company. If for some reason the insurance company is failing to pay or is giving you are hard time about your claim, you should talk to an attorney and they can file a claim against the insurance company. This won't necessarily affect the individual, besides perhaps raising their insurance premiums, instead it will be between you and the insurance.
3. You Shouldn't Wait To File A Lawsuit
In some cases the other party will drag out negotiations, or the insurance company will give you the run around so that you lose your opportunity to file a lawsuit. Due to the statue of limitations you only have a short amount of time when you can actually file the lawsuit. If you try to work it out with the insurance company and they go back and forth for months, you might actually lose your chance. This is why you should talk to an attorney early on if things seem to be challenging.
By understanding these things you can protect yourself during a personal injury lawsuit.