Car crashes are a regrettable part of life in McLean. It is an overwhelming experience, and the endless legal formalities and procedures that follow can be overwhelming.
The two often-used words in this situation are “car accident case" and "lawsuit." Although similar, they cannot be used interchangeably. It is crucial to understand the difference to navigate accordingly.
The immediate course of action after an accident is to assess the damages, both physical and material, and find out who is at fault. The process of seeking compensation involves the insurance company, doctors, and legal authorities, among others, via insurance claims.
Whether it’s a car accident case or a lawsuit, you need legal representation. Without legal expertise, you run the risk of ending up with low compensation, or worse, no compensation at all.
This is why it is recommended that you hire the best car accident lawyers in McLean, VA. They can help you through the process and make sure you get the compensation you deserve.
The sections below talk about the major differences between a lawsuit and a case.
Differentiating a Car Accident Case and a Lawsuit
1. Involvement of Insurance Companies
- Car Accident Case: Most car accident cases are resolved between the injured parties and their insurance agencies based on the claim filed by the injured party. The insurance company appraises damages and negotiates a settlement to fit the policy.
- Lawsuit: In the case of a lawsuit, the injured party or parties move to the court as they are unable to reach a satisfactory consensus about the compensation. This process transfers the decision-making authority into the hands of the court.
2. Legal Procedures
- Car Accident Case: In a normal accident case, individuals trust the process with the insurance adjusters, not realizing that these agents have the company’s interest as a priority. They will try to give minimum payouts.
- Lawsuit: With the courts entering the scene, lawyers become essential to handling the legal processes. Only a skilled lawyer can steer the court process, follow the rules, and present evidence to the advantage of the plaintiff. The lawyers can help arrive at a favorable outcome.
3. Timespan
- Car Accident Case: The timeline of an insurance claim is shorter than that of a lawsuit. Typically, a claim is settled in a few weeks to months, as the involved parties would like to avoid the long, drawn-out process, cost, and uncertainty.
- Lawsuit: A lawsuit is a long-drawn process with several stages, such as discovery, depositions, and multiple court appearances. This means that the case may take a few months, or even years, to end. The outcome rests on the difficulty of the case and the court’s schedule.
When Should You Move to Court?
In some circumstances, a lawsuit is the only recourse. These circumstances are listed below.
- Serious Injury: The accident results in severe injuries requiring long-term medical care, and the compensation does not cover the expenses fully.
- Dispute in Accountability: If the other party denies fault or there is a significant dispute over who caused the accident, a lawsuit may be necessary to prove your case and secure the compensation you deserve.
- Insufficient Compensation: When the compensation does not cover the damages adequately, a lawsuit is the only way to settle the dispute and get a full settlement.
Conclusion
The Insurance Information Institute (III) maintains that about 95% of personal injury claims don't reach court, with the vast majority resolved through negotiations with insurance companies. Most cases in the remaining 5% end in favor of the plaintiff. They often involve serious injuries or significant differences regarding fault and compensation. These cases highlight the importance of competent legal representation for a fair settlement.
Therefore, understanding the difference between a car accident case and a lawsuit is necessary. While most cases do get resolved through negotiation with insurance companies, sometimes pursuing a lawsuit is the only recourse to a fair claim.
The best car accident lawyers in McLean, VA, can provide invaluable guidance and ensure fairness in settlement and the protection of your rights.
