You may be wondering whether you should file a lawsuit. While many car accident claims can be settled through insurance, there are certain situations where pursuing legal action is necessary to ensure you receive fair compensation. In this blog post, we’ll explore the circumstances under which you should consider filing a lawsuit and how a Newport Beach car accident attorney can help guide you through the process.
Understanding the Basics of Car Accident Claims
After a car accident in Newport Beach, your first course of action is often to file a claim with your insurance company. In most cases, insurance companies will handle the compensation for property damage, medical bills, and lost wages. However, insurance companies may offer settlements that don’t fully cover the extent of your injuries or may refuse to pay altogether.
In California, the law allows for compensation for pain and suffering, lost wages, and medical expenses, but filing a lawsuit becomes necessary when the insurance company’s offer is not enough, or they deny the claim entirely. Let’s explore some common situations where filing a lawsuit is the best option.
When Should You File a Lawsuit for a Car Accident in Newport Beach?
Here are some key circumstances when you may want to consider filing a lawsuit after a car accident:
1. The Insurance Company Offers an Inadequate Settlement
Insurance companies often try to minimize their payouts. If they offer you a settlement that doesn’t fully cover the damages or medical expenses related to your injuries, it may be time to file a lawsuit. Accepting a low settlement can prevent you from receiving the compensation you truly deserve.
2. The Insurance Company Denies Your Claim
In some cases, the insurance company may deny your claim altogether. This can happen for several reasons, such as disputes over liability or incomplete documentation. If your claim is denied and you’re unable to resolve the issue through negotiations, filing a lawsuit may be the only way to pursue fair compensation.
3. Your Injuries Are Severe or Long-Term
If you’ve suffered significant injuries, such as spinal cord damage, traumatic brain injuries, or broken bones, your medical expenses could exceed the limits of your insurance coverage. In such cases, it might be necessary to file a lawsuit to secure additional compensation for medical bills, long-term rehabilitation, lost income, and pain and suffering.
4. The Other Party is Uninsured or Underinsured
While California law requires drivers to carry auto insurance, some drivers may be uninsured or underinsured. If the person who caused the accident doesn’t have sufficient insurance to cover your damages, you may need to file a lawsuit against them directly or pursue other legal avenues to recover compensation.
5. The Other Driver Was Negligent or Reckless
If the other driver was clearly negligent or reckless—such as driving under the influence of alcohol or drugs, running a red light, or speeding—it may be worth pursuing a lawsuit. In these cases, the at-fault driver may be held liable for not only your medical expenses and lost wages but also for punitive damages. Punitive damages are meant to punish the at-fault party and deter future negligence.
6. Liability Is Disputed
Sometimes, determining who is at fault for an accident can be difficult, especially when there are conflicting reports or insufficient evidence. If the other driver denies responsibility or claims partial fault, a lawsuit may be necessary to prove liability and secure the compensation you’re entitled to. A Newport Beach car accident attorney can help gather evidence and build a strong case on your behalf.
7. You’re Facing Complex or Multi-Vehicle Accidents
In cases involving multiple vehicles or complex factors, such as construction zone accidents or defective vehicles, liability can be difficult to establish. If the insurance companies or involved parties aren’t cooperating, filing a lawsuit might be the best course of action to ensure you receive the full compensation you deserve.
How a Newport Beach Car Accident Attorney Can Help
Filing a lawsuit after a car accident can be a complex and time-consuming process. An experienced Newport Beach car accident attorney can guide you through every step, from negotiating with insurance companies to representing you in court. Here’s how an attorney can help:
- Assess Your Case: A lawyer can evaluate the circumstances of your accident and help determine if filing a lawsuit is the right option for you.
- Negotiate with Insurance Companies: If a settlement is possible, your attorney can handle negotiations with the insurance company to ensure you receive a fair offer.
- Gather Evidence: Your attorney will help collect all the necessary evidence, including police reports, witness statements, medical records, and accident reconstruction reports, to build a strong case.
- File and Litigate Your Lawsuit: If negotiations fail, your lawyer will file a lawsuit and represent you in court, ensuring your rights are protected throughout the legal process.
Final Thoughts
Deciding whether to file a lawsuit after a car accident can be a tough decision, but in many cases, it may be the only way to secure the compensation you need to cover your damages. Whether your insurance claim has been denied, you’re facing severe injuries, or you need to hold the responsible party accountable, a Newport Beach car accident attorney can help you explore your options and guide you through the legal process.