If you have experienced a car accident, injuries and damages to your car, you might be thinking about whether to sue the other driver. In that case, if after discussing with your insurance agent and professional Car Accident Lawyers Toronto, you are convinced that you should, there are some important factors you must know about before stepping forward with your legal action. Before you sue, you need to learn what remedies the insurance company can offer you for the other driver.
The other drivers’ policy covers may not adequately compensate you for car repairs and medical expenses. In such case, you will have to confirm your insurance agent whether you can avail under-insured policy of motorist coverage to compensate the shortages for the other driver’s insurance. Even if you do, you certainly need a potential legal proceeding if your losses are bigger than what your under-insured auto coverage can pay.
You can only sue under restricted conditions if you are in a no-fault situation. Consult your insurance agent and car accident attorney for remedies if you meet such conditions. In some states, you may sue if your medical expenses, car damages and loss of income exceed a certain amount. Whether you are in a no-fault state or fault state, insurance companies hardly offer coverage for non-economic losses including emotional distress, suffering, pain and loss of spousal companionship. In order to recover these types of damages, a lawsuit can be the best recourse. You need to make sure that all your options are well discussed with your preferred car accident lawyer.
Filing A Car Accident Injury Lawsuit
A lawsuit seeking compensatory remedies for the car accident injury is civil lawsuits, and it is also considered as tort or personal injury cases. Civil lawsuits mostly follow the same path leading to the conclusion. The cases begin with the filing of a petition or complaint, with the local court.
Different Legal Stages
Many states have time limitation for filing a lawsuit, and hence you need to ensure that your suit is filed by your attorney before the statute of limitations is over. If your state wants you to file your case within two years of the injury date, then you have two years from the date of the accident for having your professional file the lawsuit. Your complaint will begin the allegations making you entitled to get money as the plaintiff from the other driver, the defendant. It also states what relief can be sought by identifying the legal theory under which your case will be proved.
The other driver and his insurance company, that is likely to pay for his or her defense, has a certain amount of time for responding to your lawsuit. The response sometimes includes an answer and the defendant either denies or admits the allegations in that. It also includes counterclaims to show your contribution to the car accident and how you are responsible for your injuries. This may involve cross-claims seeking to blame the injury on another defendant if there is any. Like your original complaint, you need to set a period for your response to the defendant’s counterclaims and leading Car Accident Lawyers Toronto can professionally help you in the entire matter.