Can You File a Lawsuit After a Minor Car Accident? Here’s What You Should Know
Car accidents, even minor ones, can leave people shaken up. So, one of the things that many people may think is that if the accident was small, they shouldn’t take legal action. But actually, based on the details of the accident, it can be that filing a lawsuit is a good option after a minor car collision. In this post, we will explore the key factors to consider when deciding whether to file a lawsuit, the steps involved in doing so, and how a skilled car accident lawyer in Salt Lake City can guide you through the process.
Understanding Minor Car Accidents and Their Impact
Most of the time, a minor accident is one where there is only slight damage to the car(s), like a tiny dent or scratch, and no one gets seriously hurt. But a lot of people still wouldn’t want to let go of the incident just because the damage or injury seemed minor. Actually, the effects of a minor car collision can be much more than just what’s on the surface. To say the least, a little problem that you see at first can blow up into the major issues, physically and financially, later on.
For instance, some people might be so caught up in the shock and adrenaline of the moment that they might not recognize any signs and symptoms right away, but they will become obvious later on. Whiplash, bruises, and emotional trauma may not be immediately visible after a car crash; rather, they can come out several hours or days later. Thus, these late-emerging symptoms might be the cause of unforeseen medical expenses, loss of earnings, and work, and long-term effects. So, in other words, if you are going through this kind of predicament, you should probably file a lawsuit.
When Should You Consider Filing a Lawsuit After a Minor Car Accident?
Even after a minor car accident, there are some instances where a lawsuit could be the right thing to do. Of course, every situation is different, yet the ones below may be the ones that would justify legal action:
1. Injuries That Become More Severe Over Time
If you sustain injuries, no matter how minor they seem to be, after the accident, it is advisable that you see a medical professional first of all. There are cases when it is only after the doctors’ examination and the medical tests that the injuries are revealed, such as whiplash, backache, or damage to the joints. Yet, assuming that your symptoms do evolve and that your doctor prescribes you with medical treatments and/or rehabilitation you would then have a good reason to take your case to court. This way you can claim in court the costs of the current as well as any future medical care and the pain and emotional suffering caused by the accident.
2. The At-Fault Driver Is Uninsured or Underinsured
Another reason to consider a lawsuit is if the at-fault driver does not have sufficient insurance coverage to pay for the damages and medical expenses resulting from the accident. Utah law requires drivers to carry a minimum amount of liability insurance, but some drivers fail to comply. If the other driver is uninsured or underinsured, filing a lawsuit can sometimes be the only way to recover the costs of your injury or property damage.
3. Disputes Over Liability
Sometimes, even in minor accidents, there can be disagreements over who is at fault. The at-fault party may deny responsibility or claim that you were the cause of the accident. In these cases, legal action may be necessary to protect your rights and ensure that you are compensated fairly. A skilled car accident lawyer can help gather evidence, such as witness statements, traffic camera footage, or accident reports, to prove liability.
4. Insurance Companies Are Not Offering Fair Settlements
Insurance companies are around to make money. They might offer you a quick, low settlement especially if the accident isn’t a big one. These settlements might not be enough to cover your total expenses, the pain, and suffering you have endured. If you think the insurance company offer is unfair, you can file a lawsuit against them and get the proper compensation you deserve for your injuries.
The Steps to Take Before Filing a Lawsuit
There are things you need to do before you decide to file a lawsuit over a minor car accident. These things will make you be sure that you have a very good case if you ever want to sue the other party.
1. Seek Medical Attention
Even if you are sure you are not hurt, it is wise to visit a doctor. Doctors treat patients who have sustained whiplash, who have mild concussions or even those who have internal bleeding caused by a clash. And a health professional can put down on paper any injury that you say you have and that will be proof later when you are making a claim.
2. Report the Accident to the Police
When an accident happens, the first thing you should do is call the police, and there are always cops coming to the scene. The police officer who attends the scene of the accident will do a report which is like a legal record of the incident. It will show the date and time of the accident, the exact location including the street address and points on the map. The officer might note the weather conditions which might have been a factor in the accident as well as the road conditions. You might be able to use the police report as evidence in your insurance claim and if you decide to sue, the court might allow it as evidence.
3. Document Everything
Write a lot about what happened right at the accident scene. Things like the layout of the road, signs, whatever. Take as many pictures of the damage of your car and of the other driver’s vehicle, If you have any injuries getting spotted by others, make photos of them too. Make sure you get the other driver’s address, phone number, insurance details, and any other relevant information. If there were any witnesses, do get their addresses and phone numbers. This information will help you to put together a very strong case if you want to sue the other driver.
4. Consult With a Car Accident Lawyer
A car accident lawyer can help you assess the situation and determine whether filing a lawsuit is the best course of action. They will review the circumstances of the accident, explain your legal rights, and provide you with guidance on how to move forward. A lawyer can also negotiate with insurance companies on your behalf, ensuring that you don’t settle for less than you deserve.
The Lawsuit Process: What to Expect
If you decide to file a lawsuit, the process will typically unfold in the following stages:
1. Filing the Complaint
The complaint is the first formal step in the lawsuit and it includes a detailed description of the accident, the injuries/damages sustained, and the legal basis for the claims made. The defendant (the guilty driver) will be allowed to file an answer to the complaint.
2. Discovery and Evidence Gathering
At the discovery stage, the parties exchange information and documents to support their case. This can be medical evidence, police reports, witness accounts, and specialist opinions. Your legal representative will do everything to get the necessary proof to make your case more convincing.
3. Negotiation and Settlement
There is often a possibility of an out-of-court settlement before a trial. This could be a walk-through between the insurance company of the defendant and your lawyer. Almost all cases settle at this point thereby saving both parties lots of time and money. Nonetheless, if the parties fail to agree on a fair settlement, the case will be taken to court.
4. Trial
When your case is taken to court, the parties will offer their evidence and arguments to either a judge or a jury. The judge is the one who decides who is at fault and what amount of money the injured party should receive. Remember that court cases can last for quite some time and the results are always uncertain.
How a Skilled Car Accident Lawyer Can Help
Navigating the complexities of a car accident lawsuit can be overwhelming, especially if you are dealing with injuries and emotional distress. A skilled car accident lawyer can provide you with the support and guidance you need. They will handle all aspects of the legal process, from gathering evidence to negotiating with insurance companies, so you can focus on recovering from your injuries.
If you’ve been involved in a minor car accident and are unsure whether filing a lawsuit is the right choice, it’s important to consult with an experienced attorney. They can assess your situation, explain your legal options, and help you make an informed decision about how to proceed.
At Swenson & Shelley Law, we understand the challenges that come with a car accident, and we are committed to helping you get the compensation you deserve. Our team of dedicated professionals is here to guide you through every step of the legal process, ensuring that your rights are protected. Contact us today for a consultation and let us help you navigate this difficult situation with confidence.
