If you’ve been in a car wreck in Myrtle Beach, SC, you may be wondering whether you should file a lawsuit.
The answer is not as simple as you may think. In most cases, you will make a claim or send a demand letter before you decide to file a lawsuit. Although you are not required to retain an attorney before making a claim, it is a good idea.
So, the questions you may want to ask are:
1) When should I hire a lawyer to handle my auto accident claim?
2) When should I make a claim?
3) When should I file a lawsuit?
Let’s look at each of these questions one at a time…
When Should I Hire a Lawyer After an Auto Accident?
If there are no injuries and the only damage that was done was to the automobile, the insurance company may cover your property claim without the need for an attorney.
On the other hand, if there were any injuries or other damage that was done by the at-fault motorist, you will almost always benefit from hiring an auto accident lawyer to help you. A personal injury lawyer knows what kinds of damages you are entitled to and how to collect them. Your attorney will know how to investigate your claims and gather the evidence that you will need to present your claim to the insurance company.
You attorney will know how to make a demand for full compensation, when to make the demand, and when to skip a demand letter entirely and file a lawsuit. These can be difficult decisions that require practical experience in negotiating with insurance companies and trying personal injury cases in court.
When Should I Make a Claim and Who Do I Make the Claim To?
The answer depends on many things including the facts of your case, the severity of the injuries, the strength of your case, and which insurance company we are dealing with.
Ordinarily, a demand letter is sent to the at-fault driver’s insurance company. There may also be other insurance policies that are on the hook, however – there may be other drivers involved in the accident, there may be an umbrella policy that can be accessed, or your own insurance policy may provide coverage in some cases.
You should never send a demand letter or agree to settle your case until you have finished all necessary treatment or retained an expert to calculate the future costs that will be incurred because of the accident. Your auto accident attorney at Axelrod and Associates will help you to find the right experts who can provide testimony about future medical costs and other economic damages, and your attorney will advise you as to when your demand should be made.
When Should I Sue?
This also depends on the facts of your case including whether the insurance company is willing to pay full compensation for your injuries.
Although there are some cases where we file suit immediately instead of negotiating with an insurance company, in most cases a lawsuit is not filed until a demand has been made and the insurance company refuses to pay your claim.
If the insurance company does not settle your claim, the next step is to file suit against the at-fault driver and ask a jury to make them pay.
Experienced Auto Accident Lawyers in Myrtle Beach SC
The auto accident attorneys at Axelrod and Associates understand personal injury law and they understand SC insurance companies. Your attorney will investigate your claim, gather the evidence that you need, help you to retain the right experts for your case, negotiate with the insurance company to get you paid, and try your case to a jury if the insurance company does not pay what your case is worth.