Car accidents happen all the time. And you may wonder which instances require you to file a lawsuit. When you are injured in a car accident, you can file a claim with the other driver’s insurance company or take legal action against the driver to seek compensation for medical bills, lost wages, pain, suffering, and other damages.
Before deciding to file a lawsuit, it is advisable to contact a personal injury attorney to determine whether your case is valid. Also, a lawyer helps you get the best possible outcome from your case by helping you decide whether to file a lawsuit or accept compensation from the other party’s insurance company.
However, some instances may require you to file a lawsuit for car accident injuries. Filing a lawsuit will depend on several factors:
1. Severity of the Injuries
A lawyer can advise you to file a lawsuit for car accident injuries if the accident resulted in the death of your loved one. Lawyers understand how heartbreaking and life-changing the death of a loved one can be and advise you to file a lawsuit. The lawsuit helps ease the family’s financial burden by seeking compensation. A lawyer enables you to take quick legal action to get financial relief even as you mourn your loved one.
2. Extent of Fault
In motorcycle accidents, drivers may claim not to have seen you. In addition, you lack the same protection a car provides through seatbelts and car frames that absorb the crash’s impact. So, a lawyer can advise you to file a lawsuit for car accident injuries since the driver must always look before pulling in front of a motorcycle or switching lanes.
In other instances, a lawyer may advise you to file a lawsuit for car accident injuries if the negligent driver was driving while intoxicated. Drunk driving puts many people at risk. If the driver’s negligence permanently affects you or your loved one, you can file a lawsuit for car accident injuries to hold the drunk driver accountable. This allows you to seek maximum compensation and punitive damages pursued in the worst negligence acts.
3. Amount of Insurance Coverage
After a car accident, some victims choose to settle matters with the other driver’s insurance company. However, you and your lawyer may not feel like the insurance company is offering enough for the damages. Here, your lawyer can advise you to file a lawsuit for car accident injuries if they believe you can get significantly more compensation than the insurance offers.
Also, if the insurance has refused to increase their offer, you can file a lawsuit for car accident injuries. Car accident injury claims don’t have a specific value of compensation. So, you can file a lawsuit when you feel that the insurance offers less than the lawyer’s valuation of the accident.
Filing a lawsuit means that settlement talks are not possible. Also, a lawsuit means your lawyer’s expenses will increase significantly, and a settlement, later on, may not offer a significant additional amount to cover such expenses. So, it is necessary to consult with a lawyer before you file a lawsuit for car accident injuries.