After a car accident in Reidsville, most claims are resolved through insurance settlements. However, there are situations where filing a lawsuit becomes necessary to secure fair compensation. Whether an insurance company wrongfully denies your claim, disputes arise over fault, or the settlement offer is insufficient, pursuing litigation may be your best option. Understanding when and how to take legal action can help protect your rights and financial future. Consulting a Reidsville car accident attorney can provide valuable guidance and increase your chances of success if your case goes to court.
When Filing a Lawsuit Becomes Necessary
While insurance companies are supposed to cover accident-related damages, they often prioritize their bottom line over fair payouts. Here are some common situations where litigation may be required:
1. When the Insurance Company Denies Your Claim
Insurance companies sometimes deny valid claims based on technicalities, such as:
- Alleging that your injuries are pre-existing or unrelated to the accident
- Arguing that you were at fault under North Carolina’s contributory negligence rule
- Claiming that your damages do not meet policy requirements
If your claim is denied unfairly, an attorney can file a lawsuit to challenge the insurance company’s decision and seek rightful compensation.
2. When There’s a Dispute Over Fault
North Carolina follows a pure contributory negligence system, meaning that if you are found even 1% at fault, you cannot recover damages. Insurance companies often use this rule to shift blame and avoid paying. If liability is disputed, and negotiations with the insurer fail, filing a lawsuit may be necessary to prove the other party was entirely at fault.
3. When the Settlement Offer Is Too Low
Many insurance companies offer quick, lowball settlements to accident victims, hoping they will accept before realizing the full extent of their damages. If a settlement does not adequately cover medical bills, lost wages, and pain and suffering, you may need to take legal action to pursue fair compensation.
4. When the At-Fault Driver Is Uninsured or Underinsured
If the driver responsible for the accident lacks sufficient insurance coverage, your only option may be to sue them directly. In some cases, uninsured/underinsured motorist coverage from your own policy may provide compensation, but if disputes arise, litigation may be needed.
5. When Serious or Permanent Injuries Are Involved
Car accidents that result in catastrophic injuries, such as spinal cord damage, traumatic brain injuries, or permanent disabilities, often lead to long-term medical costs and loss of earning potential. Insurers may resist paying high-dollar claims, making a lawsuit the best path to securing the full amount you deserve.
The Legal Process of Filing a Car Accident Lawsuit
If negotiations fail, filing a lawsuit can be the next step. Here’s what to expect in the legal process:
1. Consultation with an Attorney
Before filing a lawsuit, it’s essential to meet with a car accident attorney who can evaluate your case, determine its strengths, and advise you on the best course of action.
2. Filing the Complaint
Your attorney will draft and file a formal complaint against the at-fault party, outlining the legal basis for your claim, the damages you are seeking, and the supporting evidence. The defendant (at-fault party) will then be served with the lawsuit.
3. Discovery Phase
During discovery, both sides gather and exchange evidence, which may include:
- Police reports and accident scene photos
- Medical records and expert testimonies
- Witness statements
- Accident reconstruction analysis
Depositions may also be conducted, where witnesses and parties involved give sworn testimony.
4. Pre-Trial Negotiations and Mediation
Before going to trial, many cases go through mediation or settlement conferences. A mediator helps both sides reach a fair settlement. If an agreement is made, the case is resolved without going to court.
5. Trial (If Necessary)
If a settlement cannot be reached, the case proceeds to trial. At trial:
- Both parties present evidence and arguments
- Witnesses and experts may testify
- A judge or jury determines liability and the amount of damages
A successful lawsuit results in a court-ordered award covering your medical expenses, lost income, pain and suffering, and other losses.
How a Reidsville Car Accident Attorney Can Help
Filing a lawsuit is a complex process that requires legal expertise. A Reidsville car accident attorney can provide crucial assistance by:
- Investigating your accident and gathering strong evidence to support your claim
- Handling all communications with insurance companies to prevent you from making statements that could harm your case
- Negotiating for a fair settlement to avoid the need for a lengthy trial
- Representing you in court if litigation becomes necessary
Since most car accident attorneys work on a contingency fee basis, you don’t pay legal fees unless they win your case. This means you can pursue a lawsuit without worrying about upfront costs.
While many car accident claims in Reidsville are settled outside of court, some cases require litigation to achieve fair compensation. If your claim has been denied, fault is disputed, or the insurance company refuses to offer a reasonable settlement, filing a lawsuit may be necessary. A Reidsville car accident attorney can guide you through the legal process, advocate for your rights, and help you secure the compensation you need to recover from your accident. If you are considering legal action, consult an attorney as soon as possible to ensure your case is handled effectively.
