Property damage might be the least of someone’s worries after a car accident in Kentucky as their injuries and resultant medical bills could create financial hardships. When an individual is hurt by someone’s negligence, seeking legal remedies becomes an option. There are some things that injured parties need to consider when thinking about filing a lawsuit.
Moving swiftly with the steps for a lawsuit
After suffering an injury in a car accident, the victim must understand that time is not on his or her side. Once the statute of limitations for a personal injury claim passes, the injured party cannot file a lawsuit. It’s also important to remember that filing a lawsuit requires presenting evidence, such as photographs, witness statements, police reports and more. It takes time to organize such things. Victims may benefit from gathering as much evidence as possible at the accident scene unless their injuries require immediate attention.
Accident victims could also document all the details they know about the accident and their injuries. Memories may fade, so recording logs as soon as possible should help. Even dictating information onto a smartphone is wise.
Consider insurance claims as a settlement option
Filing a lawsuit might not be necessary if the negligent driver has sufficient auto liability insurance. Someone with coverage limits in the $300,000 or $500,000 range might provide an adequate settlement in many instances. If the damages sought exceed those amounts, a lawsuit becomes necessary unless the driver has excess liability insurance from an umbrella policy.
An attorney may represent the injured individual to the insurance company. When an attorney becomes involved, issues with bad faith actions from the insurer might become noticeable more quickly. The attorney may work on their client’s behalf to acquire the best and most equitable settlement possible.
Even with a lawsuit, the attorney may be able to negotiate an out-of-court settlement. A settlement may move things along more quickly and avoid protracted court proceedings. It’s important to note that an appeal may follow a lawsuit’s initial judgment.
Victims of motor vehicle accidents may find it valuable to take the right steps after an accident. Such measures might involve filing a lawsuit or a third-party insurance claim. Working with an attorney may move things faster and lead to a preferable outcome.