Miami, FL—If insurance limits become exhausted after a car accident and the victim was unable to recover enough compensation to cover their accident-related expenses, it may be wise for them to retain a Miami, FL personal injury lawyer. Although insurance is meant to provide accident victims with access to medical care and even money to help them pay for certain expenses if they cannot work, policies do carry limits.
Once an insurance company has paid a victim up to the policyholder’s limits, then the carrier is not obligated to pay anything more. And this is why car accident victims are often encouraged to file a personal injury lawsuit against the party who was responsible for causing the accident.
Filing a Personal Injury Lawsuit After a Car Accident
Because an insurance policy will only pay a victim up to a certain amount, there are other avenues they can take if they are unable to recover the full amount they are due. When a driver decides to file a personal injury lawsuit, they aren’t filing it against the insurance company but instead, against the party who was responsible for causing the accident.
In some cases, this may be the driver of a passenger vehicle and in others, it may be a company or even the city. It all depends on who was liable for causing the collision. For example, if the accident was caused by a commercial truck driver, their employer is usually the one who is liable for the crash. If a city employee or even police officer caused the crash, then the lawsuit would likely be filed against a government entity.
How to file a personal injury lawsuit after a car collision?
Before a driver assumes they need to file a lawsuit against the driver who hit them, they should have a Miami, FL personal injury attorney assess their case. The lawyer can first determine if the at-fault party’s insurance policy has any additional coverage they may be entitled to receive, and then they will decide if filing a lawsuit is in their best interest.
If an attorney decides that a driver should file a personal injury lawsuit, they will likely need to take the following steps:
- Identify all the liable parties and what their role was in the accident.
- Start the lawsuit process by filing certain documents with the court.
- Wait for a response from the at-fault party.
- Settle the case or let it play out in court.
Car crash victims do need to be aware that there is a time limit to get their personal injury lawsuit filed which is referred to as the statute of limitations. Accident victims currently have four years to take legal action.1
If a car accident victim is looking to gain a better understanding of the personal injury lawsuit process or has been offered a settlement they believe is too low, they can contact Mario Trespalacios P.A. to discuss their case with a skilled personal injury lawyer in Miami. Mario Trespalacios P.A. works to protect the rights of those who have been injured by someone else’s negligent actions and will help them fight for a fair and favorable outcome.
Mario Trespalacios P.A. can be contacted at:
9495 SW 72 Street, Suite B-275
Miami, FL 33173