Car accidents are terrifying and traumatic experiences. Unfortunately, the distress often extends through the months following, when an injury victim deals with the complex car accident claim process in a fault-based accident state like Washington. But does that mean that you’ll have to go to court to recover your losses? Make sure to speak with an experienced car accident lawyer in Arlington.
The U.S. Department of Justice reports that an estimated 4% of tort cases, including car accident claims—which account for 60% of tort claims—go to trial. Most car accident cases do not require an injury victim to go to court. Instead, the overwhelming majority of claims end with a settlement from the at-fault party’s insurance company.
How to Achieve an Ample Settlement for a Car Accident Claim and Avoid Court?
Hiring a personal injury attorney is a crucial step in recovering a settlement for the full and fair compensation you deserve without the need for court. But first, there are ways to ensure a more streamlined claim process, beginning with the action you take, or an uninjured person takes for you, immediately after the accident. Starting at the accident scene, do the following to preserve evidence:
- First, use your cell phone to call 911 to report the accident and request help
- Then, use your phone’s camera to take photos of the accident scene, the damaged vehicles, and anything relevant to the cause of the accident
- Add the contact information of the other driver and any eyewitnesses
- Go directly to the hospital from the accident scene
Going straight to a hospital not only ensures that you get the critical care you need, but also documents evidence that your injuries occurred in the accident. A full medical evaluation and a detailed medical report become crucial evidence supporting your claim. This enables a personal injury attorney in Arlington to make a strong, evidence-backed case to the at-fault party’s insurer during their settlement negotiations, reducing the chances of your case going to court.
When Does a Car Accident Case Require Court?
Proving liability for a car accident requires compelling evidence supporting the legal premise of liability. The evidence must show that the at-fault party owed a duty of reasonable care to the injury victim, that they breached their duty of care through negligence, and that the breach of duty directly caused the accident and injuries. Finally, the evidence must demonstrate that the injury victim suffered economic damages from the accident, such as medical expenses, out-of-pocket costs, and lost wages, in addition to their pain and suffering.
Unfortunately, insurance companies are not on the injured victim’s side and may prioritize profits at the victim’s expense. When an insurer wrongfully denies a claim, fails to offer an acceptable settlement by undervaluing the claim, or unreasonably delays action on the claim, the injury victim and their attorney can choose to go to court. In these cases, the attorney must file a lawsuit petition within the state’s three-year statute of limitations for car accident claims.
What If My Car Accident Case Goes to Court?
If your claim is one of the approximately 4% of car accident cases that require court, your car accident attorney will ensure that you are well prepared for the process. Although court litigation takes longer than recovering compensation through a settlement, the good news is that juries are often sympathetic to injury victims rather than large insurance companies. A well-executed legal strategy could end in a favorable jury verdict and a large court award for your damages. In addition, if the insurance company’s actions violate the terms of their contract with the policyholder, you could gain additional compensation through a bad-faith practice lawsuit against the insurer. Contact us today for legal guidance.