It is an unfortunate experience being involved in a road catastrophe especially if you were injured due to somebody’s negligence or misdemeanor. However, the actual filing of an automobile accident claim may be more difficult if you do not fully understand your rights and privileges as an injured victim. Thus, this article aims to explain briefly the things that you should know if you wish to bring a lawsuit in court.



First, you may consider negotiating settlements with the other party but if you are not satisfied in his offer, this is the time to file your proper charges in court.

The existing laws certainly entitle you to file a complaint against a motorist who has caused your injury. With such, you may demand him to pay you compensation for your incurred personal injuries, vehicle damages, medical treatment, lost wages, pain and suffering, emotional distress and any other expenses and losses brought about by the accident. You just have to prove these elements in your filed case:

-The defendant has done undue neglect or imprudence on the road

-The defendant’s negligence or imprudence has caused your injuries and other losses

-You have suffered any injury or losses from the accident

Yet, you should not also make any delays in your filing of case. Lawsuits like this are covered by the statutes of limitations, which set the time limits in making such legal actions. Therefore, after getting medical attention, you should immediately consult a credible automobile accident attorney for proper guidance and representation in initiating your lawsuit.

Meanwhile, if your case can be heard in a small claims court, you may not have to hire legal counsels to represent your case. They are only allowed to make such representations if it involves larger amounts. Nonetheless, you may still ask their assistance so that you will be properly guided about the proceedings in a small claims court and on how to respond to the judge’s questions. This will give you better chances of convincing the judge and having a successful case result.

If your case involves damages amounting to more than $7,500, then it is the time when the representation of an automobile accident attorney is vital. Since most insurance companies also have their own attorneys to insist lesser compensations to the injured victims, your legal advocate will ensure that your rights will be protected and that you will be well compensated.

Most auto accident attorneys accept their cases on a contingency basis wherein you will not have to pay them fees unless your claim has been favored and you already got your money. They actually charge their clients based on the percentage of your total recoveries – usually 30% to 50% of your reimbursements depending on the difficulty of your case.