What Happens in a Car Accident Lawsuit?
If someone sustains injuries in a car accident that wasn’t their fault, and they are not satisfied with the compensation offered by the other driver’s insurance company, they can file a personal injury lawsuit seeking full compensation for damages.
Their attorney will gather evidence and seek to obtain a settlement from the insurance company that covers all damages, including medical bills, automotive repairs, pain and suffering, and (when applicable) lost wages.
If the insurance company is unwilling to settle the case for a fair amount, the injured party’s attorney may take the case to trial, where they will try to win a jury verdict in the client’s favor.
When Should I File a Car Accident Lawsuit?
If you weren’t at fault for a crash in which you were injured, and the other driver’s insurance company is unwilling to cover all the past and future damages you sustained, you should contact an attorney to determine if you have a case.
Don’t wait. Many states require that a car accident lawsuit be filed within two years of the crash.
If I File a Car Accident Lawsuit, Whom Do I Sue?
Most often, an injured person files a car accident lawsuit against the other driver’s insurance company. If the other driver was at fault for the crash, their insurance company should pay for all medical bills, vehicle repairs, etc. But all too often, the insurance company tries to pay the injured party as little as possible.
It’s common for an insurance company to quickly offer a check that will cover only a small fraction of the total expenses. Many people accept this check, not realizing the full extent of their damages or how much more money they might have been able to recover in a lawsuit.
After a crash, an injured person should always contact a licensed personal injury attorney to determine if they qualify for a legal case.
What Are the Most Common Car Accident Injuries?
The injuries sustained even in low-speed crashes can be life-altering. What’s worse, these wounds may not appear right away, especially in the case of long-term, chronic neck or back pain. Some of the most common car accident injuries include the following:
- Neck and back injuries (whiplash, herniated disc, etc.)
- Head injury/concussion
- Broken bones (especially ribs and knees)
- Cuts (often from broken glass or a faulty airbag)
- Internal bleeding
The medical bills, lost wages, emotional stress, and loss of enjoyment from these types of injuries can be overwhelming. That’s why it’s usually in one’s best interests to contact a licensed attorney who will fight for full and fair compensation for them.
How Can a Lawyer Help?
First and foremost, a lawyer can help determine if someone should file a car accident lawsuit. If so, they will help navigate the thorny legal process, poring over police and medical records, interviewing witnesses, negotiating with the insurance company, and consulting experts. They will build the strongest possible case so the injured party can focus on getting better.
Importantly, most personal injury attorneys are free to hire unless the client wins a settlement or jury verdict, at which point they accept a percentage of the money recovered.
Car crash injuries can have a devastating effect on a person’s health, career, relationships, and finances. As a result, there are many types of damages a person may be able to recover through a lawsuit:
- Medical bills (medication, physical therapy, etc.)
- Automotive repair bills
- Pain and suffering (physical pain and/or emotional distress)
- Lost wages and loss of earning capacity
- Loss of life’s enjoyment
- Funeral expenses
- Other damages (e.g., compensation for disability or disfigurement)
Full compensation for these damages can help a person get their life back on track. If you think you might qualify for a car accident lawsuit, please don’t hesitate to contact us.