When Should You Sue After a Car Accident?


Is It Worth Suing After a Car Accident?

When you sustain injuries in a car accident, you need to decide if you have to sue for compensation or not. Even if you are offered a payout from the insurance company, it might not be enough to cover the expenses, including lost income and medical bills. This article seeks to determine when it makes sense to file a claim, the critical elements of a claim, and how much you are likely to get after the car accident.

How Much Can You Sue for After an Accident?

If you can prove that negligence caused the accident, you have a right to sue the at-fault driver and recover economic and non-economic losses.

No specific amount of money is set for every accident victim; the compensation amount depends on various factors. These include the severity of the injuries sustained and the losses suffered.

In theory, you can sue for any amount you want, but you normally receive thrice the cost of lost wages, medical expenses, and other losses that you can prove. However, you are more likely to receive more compensation for losing quality of life, disfigurement, and emotional suffering.

Possible Damages for Victims of Car Accidents

If you plan to sue the driver who caused the accident, you must understand the possible damages you will likely receive in a claim.

Economical Damages

These are tangible losses that you have incurred from the time of the accident or are likely to incur in the future due to the effects of the accident. These damages are easier to prove in court because they use bills and other records that have been noted down.

Examples of the damages include:

  • Medical costs
  • Hospital bills
  • Payment for medical visits
  • Current and future wages that have been lost due to injury
  • Cost of repairing damage to property

Non-economic Damages

These cannot be quantified. They are more subjective and cannot be quantified easily, but they are just as crucial to the final compensation package.

They include:

  • Suffering
  • Pain
  • Disfigurement
  • Disability
  • Emotional distress
  • Loss of companionship

The compensation covers the pain and suffering arising from the accident.

Understanding Contributory Negligence in Personal Injury Cases

As the person filing the claim, you must be entirely free of fault to be able to recover maximum compensation for your losses. If there is a dispute on who caused the accident, it rests with the judge or jury to determine who was more at fault and to what extent.

So, your fault needs to be less than 50 percent for you to be eligible for compensation. If your fault is, say, 20 percent, you will get compensated yes, but you will only get 80 percent of the compensation you were supposed to receive.

Dealing With the Insurer after the Car Accident

Insurance adjusters are out to make sure that you get the minimum payout after the accident. They use all tricks in the book to make sure you accept a lower settlement than what you deserve. This is why you need to work with a qualified car wreck lawyers to help you handle the adjuster.

When Should You Work With a Personal Injury Lawyer

Unfortunately, many car accident claims don’t get resolved so easily. When this happens, you need the legal assistance of skilled car wreck lawyers. Call us in the following situations:

  • Your insurance claim was denied
  • The insurance company has offered a very low settlement
  • The insurer doesn’t want to negotiate
  • You don’t feel confident proceeding with the claim, yet you believe you have a case

Remember that the insurer is in business to make a profit. They benefit when they pay out as little as possible for claims. Always discuss the insurance settlement proposal with a competent personal injury lawyer before you sign anything to make sure you receive fair compensation for your damages. The lawyer negotiates with the insurer for a higher settlement or assists you in taking legal action to get additional compensation.