The period after a car accident is stressful and confusing, especially if you’ve never experienced one before. The details of the accident are important, and knowing the responsible party is even more important. If someone has rear-ended you, the details of that accident are going to be the determining factors as to whether or not a lawsuit can be filed. Did the person rear-end you because they were texting or speeding, or did they hit you because you slammed on your breaks and they weren’t prepared? These details will make or break your case and will determine whether or not compensation is owed.
Filing A Lawsuit
If you think that a lawsuit is necessary, the first step is to contact an attorney. Find an attorney with experience in prosecuting car accidents, and if anyone was hurt in the crash, a personal injury attorney. The process of filing a lawsuit is one that your attorney will handle, and will consist of compiling all of the evidence and putting the paperwork together which will then be served upon the person that rear-ended you. The person will then have a chance to challenge the suit, and then of course you will end up in court. A judge will be the one to make a final determination as to who is at fault and if compensation is owed.
As previously stated, recovery will need to be determined by a judge, however, there are different things that will be taken into account when determining the potential recovery amount. Things such as the amount of damage to the vehicle, whether anyone inside either vehicle was injured, and the costs that the damage or injuries incurred. The conduct of the person who hit you will also be taken into account. If they were under the influence, or acting negligently or recklessly in another way, it will be considered when determining the amount of damages.
If you, or someone you know, has experienced a car accident where they were rear-ended, it is important to know your legal rights to recovery for damages. Do not let time go by without contacting a lawyer and discussing your options. At Ledezma Law, we are here to help and fight to get you the compensation you deserve after an accident.