Road accidents happen all the time, but that doesn’t mean motorists should let bygones be bygones.
If you were injured in a road accident that’s not your fault, you have the right to pursue a claim against the liable party.
You also deserve good compensation for damages including injuries and lost opportunities resulting from these injuries.
While a majority of accident cases get settled, some may drag on to a full-on lawsuit. You would be lucky if the other party agrees to cover the full amount of physical and emotional damages you suffered.
However, they may stand by an offer that’s less than your demands and you may have no other option but to file a lawsuit.
Whether you were hit by a drunk driver or a reckless motorcycle rider, make sure you understand the basics before finalizing your decision to file a lawsuit.
Article Contents
The Right Time To File A Lawsuit
Following a car accident, victims are encouraged to contact their insurance providers and file an insurance claim against the at-fault party, that is if you are filing a claim in an at-fault state.
Most of the time, the insurance companies will take the total damages into account as the basis of the compensation you will be receiving.
However, the other party’s insurer may undervalue your claims and insist on a settlement amount that’s lower than what you ask.
Some motorists may not even get this far because insurance companies refuse to negotiate from the beginning.
With the help of an experienced car accident lawyer, filing a lawsuit could be a surefire way to receive compensation plus punitive damages if the other party acted in bad faith.
You still need to consider the Statute of Limitations in the state where the accident took place. A Statute of Limitations is a timeframe when you are allowed to file a legal claim.
When the time runs, you automatically forfeit your right to pursue legal action and you will end up paying for your damages out of pocket.
In states like California and Texas, the Statute of Limitations for auto accidents is set at two years.
Louisiana and Tennessee, on the other hand, allow for one year while states like North Dakota, Maine, and Minnesota allow up to six years.
Keep in mind that filing an insurance claim is already a legal action by itself. The Statute of Limitations only works on drivers who did not file an insurance claim.
If you did file a claim, you can file a lawsuit if you feel negotiations aren’t going anywhere. Still, this would also mean facing an uphill battle that can take months or even years to finish.
How To Get Started On A Car Accident Lawsuit
If you feel as though filing a lawsuit is your only remedy to your endless back-and-forth with the other party, then you must know what lies ahead. For that, here’s what you need to do to file a successful road accident lawsuit:
1. Know Who To Sue
This process could be straightforward in most cases, but it gets complicated when two or more parties are blamed for the accident.
You and your lawyer may identify multiple defendants regardless of whether they are insured or not.
In other cases, you may direct your lawsuit against an insurance company for failing to honor your settlement demands or refusing to negotiate.
It’s also possible to sue your insurance company for failing to cover the damages caused by an uninsured or underinsured motorist.
2. Determine The Nature Of The Lawsuit
While most car accident claims fall within the category of personal injury, there are instances when you will need to file a specific type of complaint.
If you were injured as a result of mechanical failure, you can file a product liability lawsuit, especially if there is evidence that the vehicle you or the other party is defective.
You can also file a wrongful death lawsuit if the actions of the party at fault caused the death of a passenger in your vehicle. To be sure, talk with your lawyer and identify the right type of lawsuit to file.
3. You Can Still Settle While A Lawsuit Is In Progress
Filing a lawsuit does not necessarily mean throwing away any chance of a favorable settlement.
For one, a lawsuit is a costly and highly time-consuming process for both parties. For that reason, the other party could spare themselves the trouble by coming up with a better settlement deal.
The lawsuit will end when you accept the deal. In turn, you also waive your right to sue the defendant for the same case.
You may want to focus on getting a favorable outcome, but if there’s an opportunity for an advantageous compromise, you can accept a better offer and cut your losses.
How To Win A Car Accident Lawsuit
If you still think a car accident lawsuit is the best way to go, then it pays to know what you can and cannot do as your lawsuit progresses.
The success of your car accident claim hinges on the fact that your injuries require adequate care and compensation.
Posting a Facebook vacation video of yourself as if nothing happened will only cast doubt on your claim.
The other party could be checking your social media posts to find proof that you’re actually in good shape.
Even if you aren’t, they could still gather your social media posts and reframe them to show you’re not as injured as you claim to be.
If you can, deactivate your social media accounts. You should also avoid talking about the case with other people, including friends and even co-workers.
It’s also important to refuse to sign any waiver or document offered by the other party.
Whether you are planning to settle or launch a lawsuit, getting advice from a legal professional can help you make better decisions and pick a battle that’s worth winning.
