If you were involved in a car accident caused by another driver or another party, you have the right to file a civil lawsuit against them. This is called a ‘tort claim’ or a ‘bodily injury claim.’ To pursue this, you must either be considered not at fault or only partially at fault for the accident.
Taking legal action
In the unfortunate event that we cannot agree to a settlement with the insurance company, we are prepared to take legal action.
We firmly believe that our approach is the best, fastest path to a fair settlement. Unfortunately, not all insurance companies share our interest in timely and fair settlements. It’s our job to push insurers to do the right thing. Legal action usually involves the following steps:
Examination for Discovery
At this stage, you share your side of the case, answer questions about your injuries, and describe their impact on your life. A lawyer from the insurance company may ask you questions. Our goal: show that you are a good and sympathetic witness, and someone who will do well in trial.
We ensure that an experienced mediator is appointed and guides a private mediation session focused on a resolution. At this session, we meet the insurance company and their lawyer. Both sides express their views on the case’s strengths and weaknesses. The mediator will not make a final decision, but helps both parties negotiate. Our job: fight for you and pressure the insurance company to make the best offer. If the insurance company makes an unfair offer, the case proceeds to a pre-trial.
Similar to mediation, however pre-trial is in a judge’s chamber with a judge. The judge will already be briefed on your case, based on materials we filed on your behalf. At pre-trial, a judge uses their expertise to resolve legal issues so the parties can come to a resolution.
Finally, a trial begins. This is a formal presentation of information using evidence from opposing parties, in front of a judge, and possibly a jury. The decision after a trial is final and resolves the dispute between the parties.