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How to Properly File an Auto Accident Lawsuit

As the victim of a car accident, you want the parties at fault to be held legally and financially accountable. It’s easy, right? We see it on legal television shows all the time; simply file an auto accident lawsuit and get paid. 

The personal injury attorneys at Cohn & Swartzon know better. In fact, litigation is a long and costly process that only produces worthwhile benefits in specific cases.

Also, many California auto accident victims would be better served if they sought out legal representation earlier – specifically, as their insurance claim was being evaluated – to maximize their settlement before litigation became necessary.

To understand why, it’s important to clarify the differences between an insurance claim and an auto accident lawsuit.

The Difference Between an Insurance Claim and an Auto Accident Lawsuit

The auto accident claims process includes notifying your insurance company that you have been in an accident and requesting payment for the damages or injury costs that your policy covers. 

The insurance company will investigate your claim after an accident and offer a settlement based on their findings. In our experience, this initial offer is often far lower than claimants are entitled to. If the insurance company refuses to negotiate, a lawsuit may be in order to secure compensation.

Unlike car accident claims, lawsuits are filed with the court, which is a complicated legal process. Victims will have to sue the at-fault driver, owner and possibly anyone else who is responsible for their damages.

Finally, insurance companies are required by California law to pay settlements in a timely manner, but lawsuits can take months or even years to resolve. These lawsuits are usually a last resort because they only benefit individuals or families who have sustained serious injuries and/or losses.

What You Need to Properly File an Auto Accident Lawsuit in California

If you choose to file an auto accident lawsuit in California, you’ll need evidence and documentation to make your case in court. This can include the police report of the incident, pictures from the scene, witness statements and more.

To obtain compensation for damages, you’ll also need access to medical records, medical bills, pay stubs, and other documentation. 

Collecting this information, verifying it, and presenting it in court is extremely difficult for anyone without legal experience – especially if you are still recovering from the accident that set this process in motion in the first place. To take on the insurance companies and at-fault parties effectively, you will need a trusted legal advocate by your side.

Why Cohn & Swartzon Is The Right Partner For Your Legal Process

As experienced personal injury attorneys in California, the Cohn & Swartzon team knows when auto accident cases require additional negotiation, the threat of litigation, or a full-court press that involves the court system.

“Because we practice personal injury law exclusively, we have massive amounts of knowledge about both changes in the law and changes in the way insurance companies negotiate. We leverage this knowledge to maximize our clients’ compensation and ensure our clients get the best possible results for their circumstances.”

– Saar Swartzon, Founding Partner

Our attorneys and staff are dedicated to helping victims recover, and we tailor every plan of representation to meet each client’s needs. 

Finally, as a proven firm that has frequent interactions with insurance providers and their legal teams, the insurance companies know that Cohn & Swartzon only bring cases with merit. For this reason, they are often willing to negotiate a more favorable settlement before the case reaches the courtroom.

Click here to schedule a free consultation with Cohn & Swartzon today!



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