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Should You File a Car Accident Lawsuit? Here's When You Need a San Jose Lawyer

Monday, January 28, 2019By Nina Shapirshteyn and Richard Alexander

Once the initial shock and adrenaline of a car accident settle down, most people experience various levels of anger and confusion.

They're angry at the other driver(s) involved and at themselves, and they're wondering what their next steps should be.  

The best way to handle the post-car accident processes is as follows:

  1. Move your car out of the way from incoming traffic
  2. Call your car insurance company and wait for their roadside assistance service
  3. Start exchanging information with the other driver
  4. Work with first responders to handle personal injuries and the crash's debris

These steps are just the beginning of recovering from a car accident. They're the most immediate things you need to take care of.

Then, you also have to assess the damage and injuries you've incurred and their consequences. During this time, you may consider filing a car accident lawsuit against the other driver or your car insurance company.

Here are 5 signs that you should contact a lawyer after being in a car accident. 

1. You've Been Seriously Injured   

Car accident injuries range from minor cuts and bruises to broken body parts, serious internal bleeding, and loss of certain brain functions. There's no telling what you may experience in a crash, and there are various ways to go about recovery. 

But, the recovery process can always be broken down into three main components.

These are physical recovery, mental recovery, and financial recovery. You have to consider how your injuries will affect your way of life until you recover. This is both in terms of mind and body, and the effects they'll have on your personal finances, too. 

For example, you may not be able to jump back into your work right away if you have a concussion. This can also be true if you've broken bones or if certain organs have been damaged. 

All of these situations are signs that it's time to take your car accident to court. You should also consider calling an auto accident attorney if someone who was in the car with you suffered such injuries.

Even guardians and close family members of car accident victims are able to file a case on their behalf. If you lost someone in a car accident, you have the ability to open a case and take the offender to trial.

2. The Other Driver Was Negligent

Speaking of taking an offender to trial, take a moment to think about all the events that lead up to the accident.

Was there a driver in front of you who was weaving in and out of lanes or dangerously speeding? Did you notice that the other driver ran a red light or blew through a stop sign before making contact with your vehicle?

These are all details that can help you make a case for negligent driving. If you can prove that the other driver was behaving recklessly, you have better odds of winning your case. Not to mention, this is more of a reason to pursue your case in the first place. 

3. The Other Driver Was Under the Influence

Drivers who are under the influence are typically charged with a DUI and other consequences in addition to taking the fault for a car accident. But, you can still open a case against an intoxicated driver. 

In fact, it's worth pursuing!

You may be eligible for even more compensation than you've already received if you can prove the other driver was under the influence. Compensation includes more money from auto insurance companies and possibly from the person at fault themselves. This can go towards your injury costs and loss of financial earnings.

4. Your Insurance Company Offers a Subpar Settlement

What if you've already been given compensation for your accident, but it wasn't enough? You may find yourself in a situation when you have to pay for medical costs out of pocket. This is hard to do if you're also taking time off work to recover, and therefore not making the earnings you normally would. 

Good news - you can contact an auto accident attorney to open and defend your case. In this situation, you'd be filing a case against your car insurance company or that of the other driver, not the driver themselves.

It can be a little intimidating to go up against such large corporations, but it's worth doing. Take your time to find the right lawyer and create the strongest case you can. You'll be glad you did if your case is successful!

5. You Were the Driver at Fault

You're entitled to legal defense if you were the driver at fault in an accident. In fact, the best thing you can do is contact a lawyer even if no case has been filed against you yet. This way, you're prepared no matter what happens. 

Plus, you can still file against an insurance company if you feel the compensation you're offered isn't enough to cover your injuries and losses. 

How to Best Present Your Case for a Car Accident Lawsuit

It's one thing to realize you should contact an auto accident attorney and another to understand how to make a strong case. Thankfully, they can walk you through all the ins and outs of preparing a car accident lawsuit.

But, you have to be meticulous in providing the supporting details and paperwork. The more you put into building your case, the more an attorney has to work with as they defend you in court. 

If you're ready to start building your case, click here

While the results that we have obtained in other cases and our clients' testimonials do not guarantee, promise or predict the outcome of your case, we do promise to do our very best for you in your case.

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