Yes, you have the option to sue after a car accident if someone else’s negligence caused your injuries. Filing a lawsuit for a car wreck is a complex process, but it’s a way to seek accountability and compensation for your losses. A personal injury attorney helps you through this procedure.
They challenge the insurance company’s narrative, protect your rights, and work toward a just resolution for your case. It’s normal to feel uncertain about taking legal action following a car crash; that’s where professional guidance makes a difference.
Foundations of a Car Accident Claim
Suing after a car accident means initiating a lawsuit. The plaintiff (you) files against the defendant (person or company). Your claim must show that the defendant was negligent, which means they failed to act with reasonable care, and this failure led to the accident that injured you.
Your lawyer must also show that you suffered harm or damages as a result. The goal of a car accident lawsuit is to recover compensation for these damages. Most cases settle before going to a full trial, but being prepared to go to court is part of the process.
What Is Negligence?
Negligence is the basis of most personal injury claims. To sue for car accident damages, your lawyer needs to prove four things:
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- Duty: The other driver had a legal duty to operate their vehicle safely. This part is easy, as every driver has a responsibility to drive safely.
- Breach: The driver breached that duty through careless actions, like speeding or texting while driving.
- Causation: The driver’s breach directly caused the accident and your injuries.
- Damages: You suffered real losses, such as medical bills or lost income, because of the injury.
Proving all four of these elements is necessary for a successful car accident claim. A driver running a red light and hitting you is a clear example of negligence.
What Happens if I’m Injured?
Your injuries are central to the claim, so document every medical visit, treatment, and prescription. Your medical records are a key piece of evidence. They establish a direct link between the car wreck and the physical harm you experienced.
Consistent medical records show the extent of your injuries and the costs associated with your recovery. Failing to follow through with treatment gives the insurance company an opening to argue that your injuries aren’t that serious.
Types of Compensation in a Car Accident Case
If you sue after a car accident, you’re seeking compensation for your losses. These losses, called damages, fall into different categories. Each category addresses a different aspect of how the crash impacted your life.
The compensation aims to cover both your financial losses and the personal hardships you faced. Your lawyer uses evidence to justify the amount you seek for each damage type.
Economic Damages
Economic damages are your direct financial losses. They have a clear dollar value and are easier to calculate. You use receipts, bills, and pay stubs to prove them.
These damages include:
- Medical Expenses: This covers everything from the ambulance ride and hospital stay to future physical therapy and medical equipment.
- Lost Wages: You may receive compensation for the income you lost while unable to work.
- Loss of Earning Capacity: If your injuries prevent you from returning to your old job or working at all, you may receive compensation for your reduced future income.
- Property Damage: This payment covers the cost of repairing or replacing your vehicle and any other personal property destroyed in the crash.
Non-Economic Damages
Non-economic damages cover losses that don’t have a specific price tag. They address the personal, non-financial ways the accident affected you. It’s often more challenging to assign a value to these losses.
These damages address the human cost of the accident, and your car accident attorney determines their value based on the severity of your injuries and their long-term impact on your life.
Common examples include:
- Pain and Suffering: This compensation is for the physical pain and emotional distress caused by your injuries.
- Emotional Anguish: This payment addresses the conditions like anxiety, depression, or PTSD that develop from the trauma of the accident.
- Loss of Enjoyment of Life: You may receive compensation if your injuries stop you from enjoying hobbies, activities, or daily life as you once did.
- Disfigurement: This compensation is for scarring or other permanent changes to your appearance.
Is There a Deadline To Sue After a Car Accident?
Yes, every state has a time limit for filing a personal injury lawsuit known as the statute of limitations. If you miss this window, you lose your right to sue after the car accident, no matter how strong your case is.
The deadlines vary from state to state. For example, Georgia allows victims two years to file a lawsuit while South Carolina residents have up to three years. The clock typically starts on the date of the accident. Some exceptions exist, but they’re rare.
Delaying action creates a risk that evidence disappears, witnesses forget details, and you miss your chance for justice. Contact a car crash lawyer immediately to protect your legal options.
Dealing With the Insurance Companies
After a crash, you almost certainly will deal with an insurance company; the other driver’s insurer will likely contact you. Be cautious in these conversations. Insurance adjusters work for the insurance company, not for you. They protect their company’s bottom line by paying out as little as possible.
Adjusters are trained negotiators looking for information to weaken your claim. It’s common for an adjuster to offer a quick, low settlement. A fast offer might seem appealing, but it rarely covers the full extent of your long-term damages.
Don’t sign any documents or accept any offer before you know the true value of your claim. You’re not required to give a recorded statement to the at-fault driver’s insurance company. Anything you say can be used against you later.
When reporting the auto accident, keep your comments brief and factual. Then, refer the insurer to your lawyer for all further communications.
How a Lawyer Helps You Sue After a Car Accident Case
A personal injury lawyer provides support and advocacy throughout your claim. They handle the legal complexities so you can focus on your recovery. Their involvement signals to the insurance company that you’re serious about your rights.
From investigating the crash to fighting for you in court, they manage every part of the legal process.
Gathering Evidence
Your attorney conducts a thorough investigation into the accident. They collect all the evidence needed to build a strong foundation for your lawsuit. A lawyer knows what to look for and how to get it.
This process includes gathering police reports, witness statements, and photos or videos from the scene. They also obtain your medical records to document your treatment.
Calculating Your Full Compensation
An attorney calculates the total value of your claim. Most victims actually underestimate their own claims. Your attorney accounts for both current and future losses and can help prevent you from accepting a settlement that is too low.
Handling All Communication With the Insurer
Your lawyer takes over all communications with insurance companies, protecting you from the adjuster’s tactics. You won’t have to worry about saying the wrong thing when you have experienced legal representation.
All settlement offers and negotiations go through your attorney. They’ll review any offer and advise you on whether it’s fair. Having a professional handle these talks shows insurers that you’re not going to be pushed around.
Fighting in Court
Most car accident claims settle out of court. However, if the insurance company refuses to play fair, your attorney can file a lawsuit and fight for you at trial. The readiness to sue after a car accident often persuades the insurer to negotiate in good faith.
Your lawyer handles all the legal filings, court appearances, and trial preparations. They present your case to a judge and jury, arguing for the necessary compensation. Their presence gives you a powerful voice in the legal system.
FAQ for Can I Sue After Car Accident?
What Evidence Do I Need To Collect After My Car Crash?
After a car accident, start by getting a copy of the official police report from the law enforcement agency that responded to the crash. This document is a primary piece of evidence and typically contains the other driver’s name, contact information, insurance details, and witness statements.
Gather and organize any photos you took at the scene, and continue to take new pictures of your injuries as they heal and of the damage to your car.
What if I Am Partially at Fault for the Crash?
You may still have the option to seek compensation even if you share some of the fault. Many states, including Georgia and South Carolina, follow a comparative negligence rule. Your recoverable damages are reduced by your percentage of fault.
For example, if you were 20% at fault, your final compensation award is reduced by 20%. Georgia bars compensation for victims who have 50% or more of fault. South Carolina’s cutoff is at 51%.
How Long Does It Take To Resolve a Car Accident Case?
The timeline for a car accident case varies. The duration depends on the specifics of your accident and the willingness of the insurance company to offer a fair settlement.
A simple claim with clear fault and minor injuries might settle in a few months. A complex case involving serious injuries or disputes over fault can take a year or longer, especially if it goes to trial.
What Happens if the At-Fault Driver Has No Insurance?
If the at-fault driver is uninsured, you may still recover compensation through your own insurance policy if you have Uninsured Motorist (UM) coverage. This coverage is designed for this exact situation.
Filing a UM claim lets you seek damages from your own insurer, up to your policy limits. An attorney can help you file this type of claim properly.
What Is the First Thing I Should Do if I Want To Sue After a Car Accident?
If you want to sue the at-fault driver after an auto accident, speak with a personal injury lawyer immediately. They can evaluate the details of your accident and injuries to determine if you have a valid case.
An attorney can also explain your legal rights and the potential value of your claim. An initial consultation provides clarity on whether suing after a car accident is the right path for you.
Stand Up and Fight Back
Your story deserves to be heard, and your rights matter. You don’t have to face a legal battle by yourself. If you’re looking for answers on how to sue after a car accident, the path forward requires strength and experienced guidance.
Let a dedicated legal team stand by your side and fight for your compensation. For a free and confidential review of your case, call Jamie Casino Injury Attorneys at (912) 355-1500.