Posts Tagged ‘Fortitude’

When Should You File a Lawsuit After a Car Accident?

January 22nd, 2010



An experienced lawyer knows the importance of timing when it comes to settling car accident injury claims. But before getting into the details of when to file and the tactics used by some insurance companies, a quick look at car accident statistics in Compton, California may help.

Car Accidents in Compton Cause Daily Tragedies

Statistics compiled by the California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS) showed that in 2006, nine people lost their lives and 359 people were injured in Compton car crashes. Three pedestrians were killed and 27 were injured in motor vehicle mishaps. And bicycle accidents injured 18. In addition, motorcycle accidents killed one and injured 20 people. Those who insisted on drinking and driving caused four deaths and 38 injuries. During 2007, eight car accidents resulted in as many fatalities. The following year, nine car collisions caused nine deaths.

Timing is Key when Settling Car Accident Injury Claims

Successful Compton car collision lawyers know that timing can mean the difference between a fair compensation settlement, an unfair one, or none at all. While you certainly want to make sure that your injuries are thoroughly diagnosed and treated, you don’t want to let the statute of limitations – two years in California – expire. Do that and you lose your rights and an insurance adjuster will tell you that the insurance company won’t have to pay you for your injuries or your losses.

Waiting too long for filing your lawsuit leaves you open for another tactic employed by insurance companies–the insurance adjuster becomes hard nosed and/or hard to reach during the last 90 days before the statute of limitations runs out. What they’re counting on is your eagerness to settle at this point, and that you’ll accept a much lower settlement sum. As the filing deadline nears, they hope that you’ll lose the patience and personal fortitude to even file a lawsuit.

This tactic is most often used when dealing with clients who are not represented by a car accident lawyer or with law firms that rarely go to trial. Adjusters are fully aware of law firms that simply settle out of court and they suddenly become hard to reach and even tougher to bargain with.

By: J. Bisnar