As the victim of a serious car wreck, you have rights that you can make full use of in court. The foremost right that you have involves filing a lawsuit against the party that caused the wreck.
This action may be necessary if the responsible party fails to pay your insurance claims or denies liability for what happened. You can litigate the case to the fullest when you hire a car accident attorney to handle it for you.
Filing a Lawsuit
If the responsible party denies liability for what happened, he or she can be compelled to answer for his or her actions in court. You can bring this person to court by filing a lawsuit against him or her.
When you hire a car accident attorney, you can hand off the filing of this lawsuit to your legal counsel. Your lawyer can determine when and for how much to file the suit. Your car accident attorney can file for enough money to cover your accident-related costs, such as your repair bills and medical expenses. He or she can also file the lawsuit to recover punitive damages related to your loss of income and mental and emotional suffering.
Once your car accident attorney files the lawsuit, he or she can have the papers for it served to the person or people that you are suing. The liable party then has up to 30 days to respond to the lawsuit, either by making a settlement offer to you or facing off against you in court.
Recovering Monetary Damages
Recovering monetary damages for the wreck will largely depend on how the responsible party responds to your lawsuit. If he or she goes to court against you, you can have your car accident attorney pursue a judgment. The judgment will give you access to the liable person's assets, such as his or her income and bank accounts.
However, the responsible party can also approach your car accident attorney to make a settlement offer. Your lawyer can make sure that the amount is on par with what you would have recovered in a judgment and that it is enough to compensate you for your losses.
A car accident attorney can provide valuable services after a wreck. He or she can file a lawsuit to put the responsible party on notice that you intend to seek monetary damages. He or she can also pursue a judgment or settlement.