Anyone can be injured on the road. Despite observing traffic laws and protecting other road users, a negligent driver may hit you. Thus, it’s vital to be informed about the steps you can take. Filing a lawsuit is one of the moves people make. But is it necessary?
Most people choose to settle because it’s easier, cheaper and less invasive. Nonetheless, litigation may be essential in some situations. Here are a couple examples:
It’s the last resort
Filing a lawsuit after an accident can be a last resort. If you have tried settling outside court, but the other driver and their insurance company have unfair requests, totally deny fault or simply refuse to come to the negotiating table with a fair offer, filing a lawsuit with the court may help you. Settling such a case without litigation may lead to an undesirable outcome.
The statute of limitations is close
If the statute of limitation is close to expiring, filing a lawsuit may preserve your options. For instance, if you only have a few months left, and the other party is taking too long to give a favorable response, or they want to investigate the case further, you may lose your eligibility for a claim. Thus, you should consider going to court. You may settle before getting to trial, but you should be prepared to take the case all the way to a judgment.
Being involved in a car accident is worrying, and determining the right moves to make can be even more challenging. Whether to file a lawsuit or negotiate a settlement is one of the crucial decisions to make. It will be best to know your legal rights to make the right moves.