It may be a lengthy process to take an auto accident injury claim to court. Once you file a personal injury lawsuit, it could take a few days for trial. But in the end you are going to be in benefit. For sure the jury-awarded compensation may be higher than the settlement offered.
There are three things that you and your lawyer will have to prove to win the case on your side.
- Proving the Driver Is at Fault
If you are fairly certain that other driver’s actions caused your injuries and the actions were careless, then you should consider bringing it to court to collect recoverable damages. If you were partially at fault then it may be little difficult to get the claim. In cases where you are sure of no fault from your side, you are undoubtedly liable for compensation.
- Duty of Care in Auto Accident Personal Injury Cases
If the other driver violated the duty of care that he had, then you will have a good basis for winning a personal injury lawsuit. A driver has to drive at reasonable speeds and maintain proper control at all times. Violation of these duties can lead to accidents. If you are able to establish that the driver caused an unreasonable risk that lead to accident, it will help you in compensation.
- No-Fault Insurance & Personal Injury Claims
Some jurisdictions have no-fault auto insurance, also known as personal injury protection. This helps the victim to get an auto accident personal injury insurance claim from the insurer. Specifically, the insurance company will pay for certain damages that the victim of the accident incurs. They also pay for damages including medical bills and lost income.
So, to go to the court and litigate the case is your willingness. You will get a potentially higher award. You attorney will best advise you on your case.