Should I Sue After a Car Accident? 5 Factors to Consider

You were in a car accident and have been navigating a frustrating insurance claims process. Do you keep negotiating? Settle the issue and walk away? Or is it time to file a car accident lawsuit? If you’re asking, Should I sue after a car accident?, this article will provide you with important factors to consider in making this weighty decision.

[Read: How to Settle a Car Accident Claim Without a Lawyer]

Car Accident Insurance and Lawsuit Process: An Overview

Before launching into the reasons to sue someone, it’s helpful to understand how the insurance claim and litigation processes work after a car accident. In most cases, you file a claim with the at-fault driver’s insurance company, providing proof of fault and evidence of damages. If it’s a straightforward case and you’re satisfied with the insurance company’s offer of compensation, you can agree to settle the matter.

If negotiations fall through and you decide to sue–or you’re being sued for car accident damages–the litigation process begins. A car accident lawsuit will include various stages including:

— Filing the complaint

— Conducting discovery

— Filing pre-trial motions and responses

— Negotiating settlement offers

— Going to trial

— Managing appeals

Each phase of the process includes many tasks and requirements, but this is the general progression.

What Happens When You Sue After a Car Accident?

In addition to the overall progression of a car accident lawsuit, it’s important to understand why suing for auto accident damages can be so challenging–and why it’s a good idea to get help from an attorney.

Time-consuming: Between the insurance process and managing a car accident lawsuit, fighting for what someone owes you can take a considerable amount of time. You have to gather and organize evidence, keep up with paperwork and court filings, review documents and draft demand letters, complaints, discovery requests and responses and motions.

Expensive: While car accident lawsuit costs vary widely, they can certainly add up to a surprising amount. The exact total will depend on things like court costs, attorneys’ fees, the severity of your injuries, the legal complexities involved and whether or not your case goes all the way to trial.

Lengthy: Depending primarily on the complexity of your case and the cooperativeness of the parties involved, a vehicle accident lawsuit can take anywhere from a few months to years to resolve.

Complicated: Even a seemingly simple car accident case can get complicated fast. If you’re suing after car accident settlement negotiations have broken down, you’ll need to understand your state’s fault laws, the procedural and evidentiary rules and requirements in your jurisdiction, how to calculate damages and all relevant court filing deadlines and statutes of limitations.

[Read: In a Car Accident? No Damage? Here Are 3 Things to Consider]

Should I Sue After a Car Accident? 5 Considerations

Despite knowing the challenges of a lawsuit, you may still be asking yourself, Should I sue? After a car accident that leaves you with property damage, physical or emotional injuries or other damages, the answer may be clear to you. Here are five scenarios to consider while making your decision.

1. The Insurance Process Is Taking Too Long

It usually makes sense to attempt to resolve your car accident claims through the insurance process before resorting to a lawsuit. However, you may get to a point where negotiations with the insurance company aren’t going anywhere. This can be especially concerning if the deadline for filing a lawsuit–your state’s statute of limitations–is quickly approaching. If you wait too long, you may be prohibited from pursuing compensation altogether.

2. Insurance Is Denying or Undervaluing Your Claim

A common reason for a lawsuit is that you’re not being offered the compensation you think you deserve. If you’ve calculated your damages to be around $30,000, and the insurance company or other party is denying your claim or only offering you a small fraction of that amount, it could be worth it to file a lawsuit.

However, you should also factor in the costs associated with a car accident lawsuit, such as attorney’s fees and time. If the other party’s offer is below but close to your target amount, it might make sense to settle anyway, but that is something you should consider in consultation with an attorney.

3. Your Injuries Are Complex, Ongoing or Undetermined

What can you sue for in a car accident claim? Unfortunately, a vehicle accident can cause many types of damages. Beyond property damage and any physical injuries you sustained, you may be dealing with damages that are more difficult to identify or quantify, like PTSD, emotional distress, pain and suffering and lost wages.

You may need time to sort through these kinds of injuries to have them properly diagnosed and to get an accurate projection for the amount of money that will compensate you for them. However, you only have a certain amount of time to make a claim against someone, so you may need to file a lawsuit to allow time for sorting out these injuries while preserving your right to recover through the court system.

4. The Other Party Has Hired a Lawyer or Filed a Lawsuit Against You

You may be at a point where negotiations with the other side have stalled and you see indications that they’re preparing to sue you–or maybe they’ve already filed a lawsuit. In either case, it’s a good idea at this point to consult an attorney about your next steps–if you haven’t already–and to help answer the question, Should I sue after a car accident? It could be time to sue or counter-sue to protect your interests.

Additionally, there are options besides a full-blown lawsuit that could save you time and money, including:

Alternative dispute resolution (ADR): Through mediation or arbitration, a neutral third party helps the parties resolve their conflict and claims.

Small claims court: If your claim is below a certain dollar amount, you could go through small claims court, which can be faster, less formal and less expensive. Each state determines the maximum amount you can pursue and whether or not an attorney can represent you during proceedings.

5. You Have a Good Chance of Winning

An important factor litigants have to consider in deciding whether they should take someone to court is their chances of winning a personal injury lawsuit. The strength of your case will depend on the admissible evidence, applicable state laws (especially regarding fault) and your–or your lawyer’s–ability to argue the case persuasively. You’ll also want to assess whether the person you’d sue would have the ability to pay anything close to the amount you’re seeking. If all of these factors look good, it could be time to file a car accident lawsuit.

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Should I Sue After a Car Accident? Ask an Attorney

Managing a car accident lawsuit is not a simple undertaking, and there’s a lot at stake. Let an experienced car accident attorney handle your case and fight for the compensation you deserve.

[Related:How Do Lawyers Bill Their Time?]

Legal Disclaimer

This content contains general legal information, but any references to the law are subject to changes through ongoing updates in legislation, regulation, and caselaw at the federal and state levels. This content does not constitute legal advice and should not be relied upon as legal advice for any particular situation. Nothing in this content should be interpreted as creating an attorney-client relationship. If you have legal questions, you should consult the advice of an attorney who is licensed to practice in your jurisdiction.

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Should I Sue After a Car Accident? 5 Factors to Consider originally appeared on usnews.com

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