Every year, more than 6 million car accidents occur in the United States. About 6% of all car accidents end in at least one death.
The severity of car accidents varies. An accident with minor injuries may result in a straightforward insurance settlement.
Car accident injuries that cause significant damages may result in a protracted court struggle. If you’re injured after being involved in a car accident, you may be tempted to sue.
However, you should navigate your case through the correct legal channels first.
Read on for information about how being injured in a car accident is handled and about when it’s permissible to sue.
How to Know if You Have a Case Against the Other Driver
You will need to determine if the other driver was at fault for the accident. If the other driver was at fault, you will need to prove that your injuries cause by the accident.
You will also need to prove that you have suffered damages as a result of your injuries. Insurance payments, lost pay, and pain and suffering are all examples of vehicle accident damages.
If you can prove all of these things, you may have a case against the other driver.
What to Do if the Insurance Company Denies Your Claim
If the other driver’s insurance company denies your claim, you may still be able to recover compensation if you have uninsured or underinsured motorist coverage.
You should always consult with an experienced personal injury attorney to help you navigate the claims process and ensure that you recover the full amount of damages you’re entitled to.
What if the At-Fault Driver Doesn’t Have Insurance?
If the at-fault driver isn’t insured, you may be able to sue them directly to recover damages. However, if the driver isn’t insured and doesn’t have the financial resources to pay a judgment, you may not be able to collect any money from them.
In that case, your own uninsured/underinsured motorist coverage may come into play. If you have this type of coverage, your insurance company will step in and pay damages, up to your policy limit.
How Long After a Wreck Can You Sue?
It depends on the severity of your injuries, the insurance coverage of the other driver, and the laws of your state. In some states, you have to file a personal injury claim within a certain amount of time after the accident.
In others, you have up to two years. If you’re not sure, it’s best to check with an attorney.
Who Pays When You Sue After a Car Accident?
It all depends on the circumstances surrounding the accident. If the other driver was at fault, you may be able to sue them for damages.
If the accident is caused by a defective product, you may be able to sue the manufacturer. If you’re injured due to someone else’s negligence, you may be able to sue them for damages.
It’s important to speak with an attorney to determine if you have a case.
How Are Car Accident Lawsuits Settled?
If the other driver was at fault for the accident and you’re injured, you may be able to file a car accident lawsuit. If the other driver was not at fault, you generally cannot sue.
There are some exceptions, however, such as if the other driver’s intoxicated or if the accident causes a defective product. If you’re not sure whether you can sue, you should speak with an experienced personal injury attorney.
Making a Claim for Damages After a Car Accident
The number of damages you can claim will depend on the severity of your injuries and how much they have affected your life. If you have suffered a serious injury, you may be able to claim for loss of earnings, medical expenses, and pain and suffering.
If you have only suffered minor injuries, you may only be able to claim for your medical expenses. To make a claim, you will need to get the other driver’s insurance details and contact your own insurance company. You will also need to see a doctor to assess your injuries and get a medical report.
Filing a Lawsuit After a Car Accident
If you’ve been in a car accident, you may be wondering if you should file a lawsuit. If you’ve been injured, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. If the accident was the other driver’s fault, you may also be able to recover punitive damages.
Filing a lawsuit can be complicated and time-consuming, so you’ll want to make sure you have a strong case before proceeding. You’ll also want to make sure you understand the statute of limitations in your state, as this will determine how long you have to file a lawsuit.
If you decide to file a lawsuit, you’ll need to file a complaint with the court and serve the other party with the complaint. The other party will then have an opportunity to respond. From there, the discovery process will begin, and both sides will have an opportunity to collect evidence and depose witnesses.
You may need some expert legal firms to assist you in filing for an injury claim, like the Mesa Accident Lawyers, if you’ve been harmed due to the negligence of another party.
Is It Worth Suing If You Are Injured in a Car Accident?
No one knows for sure what the future holds, but if you are injured in a car accident, you may be able to sue the other driver and receive compensation for your injuries. An experienced personal injury attorney can evaluate your case and advise you on whether or not you have a valid claim.
If you have been injured in a car accident, contact a personal injury attorney to discuss your legal options.
If you found this information helpful, head back over to this section of the blog. I have many more blog posts about car accident lawsuits waiting for you.
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