If you were injured in a car accident, and the liable insurance company does not extend a fair settlement offer, then you may opt to file a lawsuit. When you go to court for a car accident, there are many different elements that come into play. Essentially, you will need to provide evidence to show that because another party acted negligently, you were injured and suffered financial losses.
There are many pieces of information that could be used to support your allegations. Representing yourself “pro se” may not be in your best interests––especially if you are unfamiliar with state law. Many injured claimants choose to work with a lawyer throughout the litigation proceedings.
A lawyer can manage the deadlines associated with your case, review all involved paperwork for completion and accuracy, and argue your case before a judge and jury.
Going to Court for a Car Accident
If you decide to file a personal injury lawsuit, a lawyer can handle all of the paperwork and trial proceedings for you. There is still a chance you may have to appear at trial, but a lawyer can represent you and guide you through the entire process. They will argue on your behalf, negotiate with the other party’s insurer or legal team, and determine what fair compensation would look like in your case.
A lawyer can do the same thing if you file a wrongful death lawsuit, as well. One of the things a lawyer can help with is complying with the statute of limitations for filing a civil action. This refers to the deadline by which you must file, usually beginning on the date of the accident itself.
After both sides present their evidence at trial, a judge or jury will determine the outcome of your case.
You Will Need to Present Evidence in Court
Regardless of whether you are filing an insurance claim or lawsuit, the burden of proof is on you, the injured party. However, your testimony alone is not enough. You will need to corroborate your allegations with evidence.
When you work with a lawyer, they can present the following pieces of evidence if your case makes it to court:
- Eyewitness testimony
- Messages between yourself and the insurance company
- Photos of your injuries, the accident scene, and your vehicle’s damage
- Statements from accident reconstruction specialists and medical professionals
- The police report
- Traffic camera footage
If you have pieces of evidence that you believe could help your case, you should share those details with your legal team.
Explaining Your Financial Recovery Options
According to the Centers for Disease Control and Prevention (CDC), 32,000 car accident-related deaths and millions of non-fatal injuries happen every year. Due to this fact, victims have the right to seek compensation for their medical bills and pain and suffering through different avenues.
If You Pursue an Insurance Claim
As noted, you will likely start your pursuit of financial recovery by filing an insurance claim. A lawyer will help you with this process in a multitude of ways.
- Identify the at-fault and liable parties
- Review the involved auto insurance policies
- Write and send your demand letter
- Speak to the insurance adjuster on your behalf
- Address any bad faith insurance practices that threaten your claim
If you accept a settlement from the liable insurance company, then you will not need to go to court. Sometimes, an insurance company will refuse to pay for your damages, but upon seeing that you have filed a lawsuit, they may agree to your terms.
If You Decide to File a Lawsuit
As you consider filing a lawsuit, you may have many questions about how a Nevada car accident lawyer could help you secure financial recovery.
If you go to court for a car accident, your legal representative will:
- File your lawsuit and its paperwork to the appropriate office
- Investigate your case and gather evidence
- Notify the defendant of your legal intentions
- Manage communications with the defendant’s legal counsel
- Continue negotiating for an out-of-court settlement
- Cross-examine witnesses
- Notify you of your case’s development
A lawyer may be able to provide assistance in other ways that meet the needs of your situation.
Seek Legal Representation with Bernstein & Poisson
Our aim is for you to suffer no further harm as a result of your car accident. For help with your case, whether you want to file an insurance claim or a lawsuit, call us at (702) 633-3333. We can also provide more insight into what happens when you go to court for a car accident.