Three Main Factors Your Lawyer Will Consider Before Proceeding With A Car Accident Lawsuit
You can file an accident lawsuit if you are injured in a crash and the opposing party refuses to settle. However, the decision to proceed with a lawsuit isn't automatic. When you consult with a lawyer to help you with the case, they must consider several factors first. Here are three main factors they can't ignore:
You Can Prove That the Other Driver Was at Fault
There is a common saying in legal circles that all that matters is what you can prove. This is a tired saying, but that doesn't take away from its validity. Therefore, your lawyer will probably advise you against proceeding with a lawsuit if you can't prove your allegations. For example, if you find your car damaged in the parking lot, it would not be wise to sue the adjacent driver unless you can prove their fault via paint scratches, witnesses, or surveillance video footage.
Your Damages Are Real and Sizable
Another thing your attorney will consider is the size of your damages. Attorneys typically handle car accident cases on contingency basis, which means they only get paid if they win. This means the potential recovery should be more than enough to pay for the cost of the lawsuit (expenses and lawyer's fees), and of course, you also want to be left with something. Therefore, a fender bender worth a couple of thousand dollars might not be worth pursuing in court.
The Defendant Can Pay Your Damages
The third major thing your car accident attorney will consider is whether you can collect your damages should you win. The first factor to consider here is whether the defendant has adequate insurance coverage; if they do, then it's a safe bet that their insurance company will pay the award if you win. However, it might still be worth pursuing a case against an uninsured person if they have assets that you can claim if you win your case. For example, if they have valuable real estate property, businesses, or a high salary, then it is likely worth filing a suit. In such a case, your lawyer will have to file a motion to garnish those assets if you win and the defendant isn't willing to pay.
Therefore, don't make the decision to sue the other party lightly if you wish to recover your damages. Consult an accident lawyer like Edward M Graves Accident and Injury Attorney first and let them help you evaluate your lawsuit's viability.