Car Accident Lawsuits | When and How to Sue After a Crash (2024)

Human error is responsible for 94 percent of car crashes, according to the National Highway Traffic Safety Administration. If another driver’s negligence led to a car crash that injured you, his or her insurance company should pay for your damages. That includes medical bills, lost income from being unable to work and any emotional distress the accident caused.

But insurers will sometimes offer a payment lower than you expected or need to cover the short-term and long-term losses. Or disagreements over who was at fault or the amount of the settlement may cause delays.

If this happens, you may want toconsider filing a lawsuit.

THE HIGH COSTS OF CAR ACCIDENTS

Car crash Injuries, deaths and property damage cost Americans nearly $413 billion in 2018.

Car accident lawsuits are one of the most frequently filed cases in the United States. They accounted for nearly 60 percent of the 16,400 tort trials disposed in state courts in 2005, according to the United States Justice Department’s Civil Justice Survey of State Courts. Torts are lawsuits over physical, financial or other personal damage that someone suffers.

As many as 64 percent of people who filed auto accident lawsuits won their cases, according to the survey.

It’s best to talk to a lawyer who specializes incar accidentsbefore deciding to file a lawsuit. He or she can tell you how strong a case you have and how much your case may be worth. Such lawyers can also advise you on the pros and cons of filing suit or seeking a settlement based on the unique details of your case.

But it helps if you’re prepared for your first meeting with an attorney ahead of time. A lawyer will need to see the details of your accident and the costs related to it before being able to accurately advise you.

If you have been in a serious crash, the costs may continue for years or even the rest of your life. It’s important to take into account short-term and long-term losses.

Three Steps to Deciding Whether to File a Car Accident Lawsuit

Car accident lawsuits are consideredpersonal injury cases. States may limit the time you have to file a lawsuit. It can be as little as one year after the accident.

You should talk to an attorney as soon after the accident as possible if you think you may want to file suit. It may take weeks or months after you talk to a lawyer to gather all the materials necessary to file, so you shouldn’t wait until the last minute.

Several things can affect how long your lawsuit will last should you decide to file one. Some insurers will offer a suitable settlement almost immediately after your lawyer files suit. But if the insurer wants to fight your claims, it could be a year or more before the case even goes to trial.

If you file a lawsuit, there are several steps that both sides take before getting to trial. Each side is given a certain amount of time to complete each step.

Stages of a Car Accident Lawsuit

Most car accident cases settle without ever going to trial. Many claims settle before a lawsuit is even filed.

The average award in car accident trials was $15,000 in 2005, according to theJustice Department’s Civil Justice Survey of State Courts. But that was the average out of roughly 9,800 lawsuits filed that year, so trial awards may be higher or lower.

Settlements will also vary. These will be offered if you file a claim for the accident.

Insurers usually base settlements on something called special damages. These include all financial losses you suffer in a car crash, such as medical expenses, loss of income and the cost of repairing or replacing your car. It may also take into account pain and suffering.

An insurance adjuster may use something called a multiplier to come up with an estimate for a settlement. For instance, if your financial losses from the crash come to $10,000 and the insurance company chooses a multiplier of 2, the settlement offer would be $20,000. If it chooses a multiplier of 3, the offer would be $30,000.

Multipliers vary based on the unique facts of your accident. Your age, your medical condition before the accident, whether you sought immediate medical attention after the crash and other factors will determine the amount of the multiplier.

But you should view any offer as only a starting point.

You don’t have to accept the settlement an insurer offers. Talking with an attorney can help you understand all your legal options. An experienced attorney can also deal with the other driver’s insurance company, gather your evidence and medical records, and negotiate a settlement for you.