If you are having trouble settling your car accident case with the other driver's insurance company, you may be thinking of filing a lawsuit in court. Before you start with the preliminaries, there are a few things to expect. There area also alternatives to settling your case in court.
Alternatives to filing a lawsuit in court
Mediation:
This involves a voluntary meeting of both parties with a trained mediator. The mediator attempts to resolve dispute between parties by mutual agreement. However, he cannot inflict his decisions and opinion upon any party neither can he give any verdict for the claim made.
Arbitration:
Arbitration is structured like a court. It involves an agreed upon arbitrator to act as judge and provide a verdict upon hearing evidence. Arbitration ensures the surety of a resolution.
The aforementioned processes cannot happen unless both parties come upon a mutual consent. Instead, you can file a formal complaint with the State
Insurance Department of Illinois and Missouri. All the insurance companies are licensed and file there. They are concerned about the state being notified of their failure to comply with the rules of fair play.
Filing in Court
Often, filing a lawsuit in court is the best way to ensure you resolve your case and receive justice.
Small Claims Court:
You may be able to file in the Small Claims Court depending on the amount you want to recover. The cases in car accidents in these courts are heard by judges instead of juries and the verdict is reached relatively quicker. Moreover, they are not governed by formal rules of evidence in court, so you can stand up and represent yourself. The range for these courts is low as $1500 to about $5000.
Civil Court:
If the cost exceeds the monetary limit for your state, you may want to file in the Civil Court in the state where the accident happened. After filing your case, there is a pre-trial phase during which the parties exchange information in the case. This is known as discovery. After the discovery, there is a trial and an open window for an appeal. However, most car accident cases do not require appeal.
If your case is tried in civil court which is governed by formal rules of evidence and procedure, hiring a lawyer helps. The insurance companies will leave no stone unturned in an attempt to turn the tables on you, therefore it is important to be informed and have an experienced Missouri car accident lawyer on your side .
Hire a car accident lawyer
Experience matters. It is important to seek out a lawyer who has handled cases similar to yours. Ideally, look for an attorney who specializes in car accident cases.
It is easier to work with a lawyer on a contingent fee basis. Most car accident lawyers are up for this system of payment. Make sure to work side by side with your lawyer to develop a strong and appealing case. Always remember, if the case is worth filing, it is worth winning.
