After being involved in a car accident that was not your fault, you should expect to feel some frustration. An event that is so devastating yet should have been preventable is sure to shake you up somewhat. Your first instinct might be to react with a lawsuit against the negligent parties. But is this always the right choice? The answer requires some inspection.
No matter the circumstances of your car accident, it is always a smart idea to consult with a legal professional about your rights. That does not necessarily mean immediately filing a claim, though. Instead, you can analyze the situation with your lawyer and look for some key indicators that taking the matter to court might be required.
- Significant damage: If your vehicle has been damaged so that it cannot function without repair or replacement, you probably need to file a claim. Consider this: even if relevant insurance providers choose to give you coverage, they will not be thinking about how inconvenient or troubling your lack of mobility might. Only a personal injury lawsuit can provide you with compensation in the form of punitive damages, or monies paid to you to punish the reckless driver.
- Noticeable injury: Any sort of injury calls for litigation. The reality is that a sprain could actually indicate something far worse, or the real pain of the injury will not surface until years later. If you do not file an injury claim while you can, you cannot expect financial support if you need rehabilitation down the line. The safe bet is usually to take action if you feel any degree of discomfort after your accident.
- Resistance: The moment the responsible party claims they should not be held liable should be a red flag to you. Even trying to pass half of the accountability away typically means that they are going to try to eventually shirk all of their responsibilities. A courtroom and a solid case might be the only way to ensure that you are given the fair chance at a comfortable recovery that you deserve.
Knowledgeable Advocacy and Guidance
At Lauri J. Goldstein & Associates, PLLC, our team of Stuart car accident attorneys are available to help you decide whether or not you need to take your claim to court. It may be possible for us to help you find resolution through other means, such as mediation or an out-of-court settlement. Whatever avenue we need to go down to help you, we can, so long as it means you are well taken care of in the end.