If you are unable to reach an agreement with the insurance company after a car accident, you must decide whether to pursue your case in court by filing a lawsuit. As with any other important decision, there are pros and cons that need to be weighed up front in order to make the best decision for you.
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Filing a lawsuit can remove decision-making power from the insurance company and delegate it to a neutral judge or jury. The insurance company’s experts make decisions in the best interest of the company. A court should make a decision based on an application of the law.
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It is not uncommon for cases to take several years to go to trial after a lawsuit has been filed. During this time, the insurance company earns interest on the money, not you.
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Often, after a lawsuit has been filed, the expert originally assigned to the case is replaced by a more experienced litigation expert who may reevaluate the case and be willing to continue negotiations. Most cases are eventually settled, and you may not have to wait years for a trial if you can come to an agreement.
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Litigation is expensive. Even if your attorney works on a contingency basis, you are still responsible for paying filing fees, process servers, escrow, and witness fees.
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A judge or jury may be willing to consider other forms of damage that an insurance company tells you they will not. This may include lost income from a second job, loss of marital companionship, or punitive damages.
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After the conclusion of a legal dispute, if either side is not satisfied with the outcome, it can appeal. This can add years to the process and add additional costs to the case.
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Once a lawsuit has been filed, you have the option of conducting what is known as a pre-trial investigation. This may include a mandatory procedure for questioning witnesses and the ability to issue subpoenas for key evidence.
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You may be required to appear for testimony and court hearings at inconvenient times.
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In serious cases, you have the option of obtaining a judgment that goes beyond the limits of the insurance policy and may be able to recover directly from the guilty driver’s assets.
To decide whether or not to sue, you need to carefully consider these options. Not only do you need to consider your desire for the highest possible compensation, but also how quickly your case needs to be resolved. An experienced auto accident attorney with litigation experience is your best guide in making this decision.