San Antonio, TX, When might the driver in front be liable for a rear-end accident?

Boca Raton, FL – People who are involved in a car accident may have to file an insurance claim, or speak to a lawyer about a personal injury lawsuit. There is a difference between being legally at fault for insurance purposes versus being found negligent and having to pay damages after a trial. As a general rule, lawsuits are required for more serious situations where a person has sustained damages that are more expensive than the amounts their insurance will pay out. 

Making an insurance claim

All drivers are required to contact their insurance company after any accident. The insurance provider will do their own investigation to gather evidence and determine what happened. They may pay a driver for their losses or come to a settlement based on the terms of the insurance policy and recorded damage. However, one or both of the drivers can decide to retain a lawyer and bring a lawsuit related to the same accident. Legal determinations are made differently from insurance claims and the outcomes generally do not affect each other.

Car accident injuries and negligence cases

Injury lawsuits tied to a car accident are actually a part of tort law called negligence. The legal definition of negligence is when one party beaches their duty of care and causes damages to the other. Damages are calculated based on things like medical bills, missed time from work, and the costs of property repairs. In most cases, the negligence case will only be filed if the insurance proves to be insufficient for covering costs, or the driver at fault may not have any coverage, which does not protect them from liability in court and financial losses. 

Waiving the right to sue

Under some insurance policies and settlements, once a person is paid for their losses through the insurance process, they will have to sign a waiver or agreement that says they cannot pursue a civil lawsuit related to the same incident. A person who is deciding to agree to waive their right to sue should either talk to a lawyer first or be confident that the settlement from the insurance company is sufficient, and they will not need money later for medical problems and treatment caused by the accident. An attorney may have to argue to have the waiver set aside if new information emerges and the victim needs to sue. 

Local firms can handle personal injury cases for victims

When someone is hurt in any kind of automobile accident, it is important to get legal advice to learn about civil lawsuits and other measures to get help and receive compensation. Rosenberg Injury Law is a firm in Boca Raton that assists people with this process and defends their rights. 

Firm contact information:

The Law Offices of Jeffrey A. Rosenberg

5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487