What You Must Know About Car Accident Lawsuit
Have you or your loved one been injured in a car accident? Filing a lawsuit may be in your best interest. However, it would be wise to understand your rights before moving forward. Take note of timelines and legal requirements to ensure you get the best compensation for your personal and property damages.
The Deadline for Filing Your Car Accident Lawsuit
Each state has unique laws and deadlines. They determine how long legal proceedings should be initiated after a car accident. This timeline is a statute of limitations. It is the maximum timeline for a party to go to court and initiate legal proceedings. This typically takes one to six years.
The deadline for filing your claim isn’t the same as filing an accident claim under your insurance. Most policies require that you make claims as soon as possible. Reach out to your insurer for more details of your policy requirements.
Should You File an Auto Accident Lawsuit?
Many car accident lawsuits can be settled before filing the lawsuit. Most of them are settled before a court hearing. You typically have the opportunity to settle your claim before filing a lawsuit. This way, you can avoid expensive legal costs, litigation stress, and time.
However, you may need to go to court if there is a dispute over critical evidence. It could include proving the plaintiff’s guilt or the extent of their injury. Many states have negligence laws. In other words, the insurance company that caused the accident must compensate for the damage.
Twelve states have no-fault laws. This is to say that your insurance should cover your injuries regardless of who is at fault. However, sometimes it is necessary to sue the perpetrator of a traffic accident. You may receive lower settlement offers that do not cover all property damage and personal injury costs. The offer may not take into account actual and projected long-term medical costs. You should file a lawsuit if your loved one died wrongly in an accident.
Potential Damages In a Car Accident
If you file a lawsuit, you could receive compensation for:
- Permanent disability and disfigurement
- Medical expenses
- Pain and suffering/mental anguish
- Property damage
- Lost wages/earning potential
- Loss of affection or companionship from a spouse
The amount you receive in damages for a car accident depends on the extent of property damage or severity of your injury. The more severe the injury, the higher the compensation should be.
Mild soft tissue injuries, for example, will fetch less compensation than concussions. In addition, soft tissue injuries may be more difficult to establish than broken bones.
