Each year, over 40,000 people are killed and over 2.2 million wounded in car accidents in the United States, resulting in thousands of personal injury lawsuits. All drivers need to remember that they have responsibilities after an accident. Both drivers must report the incident to their respective insurance companies to provide financial support for vehicle repairs and medical bills in the event of an injury. The next step is to file a lawsuit against the other driver(s) involved in the collision. However, not all vehicle accident cases name the other driver as the defendant. When an accident happens because of a defective part, the vehicle’s maker or the part maker might be named in the lawsuit.
Consult with a Cherry Hill, NJ personal injury attorney for a free case review to learn more about your rights and alternatives following an auto accident.
How Does It Work?
Most people don’t realize how long it takes to file a lawsuit after a car accident, but drivers should know that each state has its statute of limitations for such actions. In most states, you have two years from the date of an auto accident to file a lawsuit over the incident.
Hiring a vehicle accident lawyer is the first order of business after an accident. After the attorney has served the defendant with the lawsuit, the matter will enter the pre-litigation phase. To prevent a protracted trial process, the attorney will assess all of the losses during pre-litigation and attempt to settle with the defendant. If the matter can be settled out of court, the attorney and the plaintiff may benefit financially.
In the pre-litigation phase following an automobile accident, the next step is to compile all relevant paperwork, including but not limited to medical records, bills, estimates for vehicle repairs, proof of lost wages, and so on. Once this is complete—which can take more than a month—the attorney can demand payment from the defendant’s insurance provider. Suppose the insurance company does not offer a satisfactory settlement. After a personal injury case has been filed with the court, a trial date will be scheduled. The specific deadline is one year after the lawsuit was initially filed.
Important Considerations
Take into account the following advice while seeking a favorable settlement or court judgment following a vehicle accident lawsuit:
- Find a lawyer with experience working on disputes involving automobiles and a solid track record.
- The paperwork that the lawyer requires should be filled out by the driver in an honest and to the best of their ability manner. If there is anything on the form that is unclear to you, don’t hesitate to ask the attorney questions that will help clarify it.
- Take your time and read the form thoroughly before submitting it.
- You need to talk with your attorney about the expected length of time the lawsuit will take, as well as the steps you can take on your end to ensure that everything proceeds smoothly.
- You should have the client’s attorney explain the client’s rights under the law and the statute of limitations for initiating a claim for damages following a vehicle accident, and you should do this for your client.
- Make a copy of all the forms you’ve filled out and file them. Never get rid of anything that might come in handy in a legal proceeding; keep everything. It is necessary for every piece of evidence from the lawsuit to be stored away in a safe location.
Final Thoughts
After being involved in a vehicle accident, you should seek the advice of a local attorney who specializes in such cases and ask for a free evaluation of your case so that you may find out more about your legal options and rights.