If an insurer fails to provide a satisfactory settlement, you should file a car accident lawsuit. However, it is advisable to first negotiate with adjusters for a better offer. Besides, provide evidence indicating that the sustained damages are worth more than the offered amount.
Here, we provide detailed answers to - ‘Should I file a car accident lawsuit?' and related questions.
When Should I File My Car Accident Lawsuit?
The appropriate time to file a car accident lawsuit will depend on your case's specifics. It will also vary based on your location and the statute of limitations in your state. Before filing a case against the party liable or your insurer, determine the value of your damages.
Work with a doctor to identify if your injuries have long-term effects. If yes, evaluate the cost of treatments. After that, calculate the expenses you will incur replacing and repairing all items damaged in the collision, including your car.
Taking these steps will help you determine whether the settlement offered by insurance companies will cover your injuries. You can also weigh if filing a lawsuit is a good option based on the amount you will likely recover once the case closes.
Which Evidence Do I Need to File a Car Accident Lawsuit?
The court will require you to present enough proof when filing a lawsuit against another party. One item you may use as evidence for your case is a police report. This document will contain accounts of the incident by all involved parties and witnesses. It will also include various observations made by the officers called to the scene.
Presenting a car accident report can help you prove that the other party was liable for the damages. You may also show that their negligence led to specific physical and property damages.
When you sustain injuries in a car crash, you should get medical care and undergo a checkup. Present a medical file provided by emergency caregivers and your primary doctor. Besides, provide receipts and invoices to indicate the costs incurred on treatment. Other items you can use as evidence in a car accident lawsuit are:
- Images of vehicle damages
- Pictures of skid marks
- Video surveillance footage
- Receipts of vehicle repair costs
- Vehicle maintenance records
Another item you can use as proof in your car accident lawsuit is a report by a reconstructionist. These professionals may help you determine how a crash occurred based on evidence at the scene. They can also provide evidence supporting your claim and proving why they concluded a specific party was at fault for the collision.
How Much Settlement Can I Recover If I File a Car Accident Lawsuit?
There is no exact settlement recoverable after filing a car crash lawsuit. In most instances, the amount will depend on the value of sustained injuries.
If you suffered significant harm, you would recover more than a victim with minor damages. Besides, your settlement may be higher if your injuries adversely affect your personal life and career.
Another factor determining the settlement you receive is a fault. If you partly contributed to the accident, you will not recover all damages. This aspect is since the court will reduce it by your fault percentage. Still, some states may prevent you from claiming damages if your liability is more than 50%.
Can I Sue for a Wrongful Death of My Loved One?
Yes. You can file a lawsuit against another party if a car accident leads to a fatality. Still, you must confirm if the law allows you to take this legal step based on your relationship with the deceased.
Some parties the various states may allow to take such cases to court are:
- The surviving spouse of the deceased
- The victim's adult child
- A domestic partner
- Distant relatives if the deceased had no children or spouse
Which Damages Can I Recover After Filing a Car Accident Lawsuit?
Filing a car accident lawsuit may help you recover various damages. Such are:
- Cost of repairing or replacing your vehicle
- Damaged personal items
- Loss of consortium
- Grief if you lost a loved one
- Burial and funeral costs
Traumatic brain injuries suffered in a car accident may lead to various mental health issues. For example, they may trigger anxiety, depression, and chronic stress.
Filing a car accident claim may help you recover the costs of treating such effects. You may also seek an additional amount to compensate for the reduced quality of life caused by mental health issues.
Consult an Attorney to Determine If You Should File a Car Accident Lawsuit
Consulting an attorney can help you answer- ‘Should I file a car accident lawsuit?' At Dolman law group, we will study your case to determine if you should sue your insurer or the liable party. We will also negotiate a fair settlement before taking this legal step. Call Dolman Law Group now at (727) 451-6900 for a free case review.