Generally, it is possible to sue who was responsible and caused your injuries, together with property damages. There are states where no fault exists for car insurance. When living in such a state, the insurance company you work with will pay for car repairs and medical expenses.
As an example, in Texas, a lawsuit can be filed against drivers at fault even if there is no adequate insurance coverage in place. You cannot directly sue the company that offers insurance though. This is true even if the insurance company will pay the settlement or offer compensation.
Determining The Party At Fault
After a very serious accident, it is normal to have your emotions run high. In this case, you need to get legal advice from highly experienced personal injury lawyers like Mike Morse Law Firm. The professional will help determine liability and even extend.
For instance, did the driver at fault do something illegal like running a red light? If so, he/she will be at fault at a rate of 100%. But if you changed lanes and did not check the blind spot or you were driving way too fast, it is possible you were at least partially at fault. How much damages you will receive will go down when it is decided that you contributed. In legal terms, this is comparative negligence. However, if your responsibility is considered to be 49% or less, damages can still be obtained, although at reduced rates.
After suing following the car accident, the party you go against is the other person driving the car. However, other parties can be considered liable for the injuries you suffered. As an example, when the accident appeared because a repair shop did some bad work, it is responsible to some extent.
The laws in your state will determine various things and you might end up making a mistake when you do not know the laws. Because of this, it is very important that you hire a competent personal injury attorney capable of properly representing you.
Is It A Good Idea To Settle?
In most cases, a personal injury lawsuit does not reach the trial stage. They are settled. This is an acceptable outcome if the insurance company will give you a fair settlement that can cover all medical bills, together with long-term expenses. The personal injury attorney you hired will be able to review settlements to make sure that you are given the exact right amount.
The big problem is that the insurance company often offers incomplete settlements that do not take into account important things, like loss of consortium, suffering, pain, earning potential, and so much more. In this case, there is no other option than to file a lawsuit. It is also possible that you have to sue when the other motorist is uninsured and you cannot settle your claim with an insurance company.
No matter what you might think, whenever a personal injury appears because of the negligence of someone else, you have to hire a personal injury attorney. This is the only way to guarantee the fact that you will be fairly compensated.