Two Questions And Answers About Auto Accident Lawsuits

Posted on: 5 February 2015

Being involved in a car accident can have profound effects on your life. In addition to the financial damages that you incur, it is also possible for you to suffer major injuries. While filing a lawsuit is not how most people want to resolve these conflicts, there may be no other alternative. If you are considering legal action due to an auto accident, there are a couple of questions you need answered before deciding on a strategy. 

Can You File A Lawsuit If Weather Contributed To The Accident?

A common belief is that you can only file a lawsuit against someone when the accident was entirely their fault. Luckily, this is not the case, and the courts recognize that negligence and liability occur across a spectrum. As a result, while the weather may have played a part in your accident, it is often still possible to argue that the other driver should have taken reasonable preventative steps to avoid the accident. 

However, it should be noted that arguing cases where the weather played a part in the accident can be rather tricky to prove. As a result, you should retain an auto accident attorney as soon as possible if you were involved in one of these accidents. This professional will be able to gather clues and information while it is still fresh to build a convincing argument for your injury case. 

How Do You Receive The Settlement From The Insurance Company?

Depending on the strength of your case, you may never have to set foot in the courtroom. It is possible for the insurance company to strike a deal with you to settle the case instead of going to court. In addition to guaranteeing you a specific amount of money for your claim, a settlement will also help you avoid the expensive costs of taking the case to court. 

When the insurance company sends the check, it will not go directly to your bank account. Rather, it will be sent to your attorney's office where they will use it to pay off the fees associated with representing your case, any outstanding medical bills and the remainder will be sent to you in the form of a check from your attorney's trust account. 

Pursuing a car accident case through the court system can be a lengthy and confusing task. Considering the large amounts of money that are usually at stake in lawsuits, it should be no surprise that many clients are anxious about this experience. By understanding these two commonly asked questions and answers, you will be in a better position to understand what it will be like to pursue your dispute through the legal system.