Do you need to wait for a conviction to file a personal injury claim?

Published By | May 14, 2021 | Personal Injury & Wrongful Death |

If you’re hit by another driver who was under the influence at the time, then they should be held responsible for any injuries that you suffered. It’s important for them to be found at fault, so that you have a better opportunity to claim compensation.

That being said, it isn’t necessary for the other party to be convicted of a crime before you make a claim. It’s a smart move to make a claim against the other party as soon as you can. Then, if there is a criminal case at the same time, your attorney will keep a close eye on that to determine if it’s best to wait to settle or if the evidence for that case may help you receive a better settlement through negotiating with the insurance carrier.

A criminal conviction helps, but it’s not necessary

Some people believe that they will not be able to claim against another driver unless it can be proven that they were intoxicated at the time of a crash. The reality is that a criminal conviction may help you get more out of your personal injury case, but it’s not necessarily needed. It also doesn’t automatically mean that the case will go your way.

In your personal injury case, you will need to show that you:

  • Suffered financial losses
  • Have real injuries
  • Your current state of health if you still need care
  • Your lost wages or job loss

As well as other factors that have influenced you as a result of the other party’s actions.

Negotiating with an insurance company is the easiest way to get compensated

Following an accident, one of the easiest ways to get compensated is to negotiate with the other party’s insurance company. If that company believes that the policyholder is going to be convicted of a crime or that going to trial could result in a significant payout, it may try to offer you a lower settlement. Depending on how much you need and what you and your attorney think your case is worth, this may give you an excellent opportunity to get a fair settlement for what you’ve been through regardless of the outcome in criminal court.