Should I Call A Lawyer After A Car Accident – What to Know About Suing After a Car Accident You don’t have to sue after every car accident, but in some cases you may want to.
You may be considering suing after a car accident if you were not at fault for the accident. Personal injury lawsuits are a way to recover damages for financial hardship as well as pain and suffering caused by a wreck.
Should I Call A Lawyer After A Car Accident
This article will provide general advice about suing after a car accident. For the best advice regarding your particular situation, you should contact a car accident attorney. Many personal injury attorneys offer free consultations and work on a contingency basis. This means that you will only pay them after a successful case with a percentage of the car accident settlement.
After An Accident
It is a good idea to get an estimate of how much money you will receive and to find lawyers in your area.
Not all car accident claims require a lawsuit. In most cases, a lawsuit after a car accident is unnecessary. If no one is injured and the other driver has auto insurance, chances are their insurance company will pay you for the cost of your repairs. In some cases, however, it is a good idea to sue after a car accident.
If you have filed an insurance claim that has been denied, offered a lesser settlement, and/or the insurance company refuses to negotiate, you may want to consider legal action.
Compensation should include your documented expenses (such as medical bills and repair costs) as well as pain and suffering. Pain and suffering usually only comes when someone is physically injured in a car accident. Generally, the more severe the injury, the more pain and suffering you will be exposed to when you sue after a car accident. But exactly how to calculate pain and suffering can be subjective. It is in this area that the insurance company is likely to lowball you.
Car Accident Lawyers
If the other driver does not have insurance, you may have no choice but to start a lawsuit. Most lawyers do not recommend this because people without insurance may not have any assets to take. This means that even if you win the case, the other person will have no money to take for compensation. In these cases, it is usually better to file a claim with your own uninsured motorist insurance policy (if you have one).
The amount of time you have to wait to file a lawsuit after a car accident depends on the individual state. Each state has a statute of limitations for personal injury lawsuits involving automobiles. If the statute of limitations has expired, you cannot sue for damages. The state’s height limitations statute is detailed in the chart below:
Alabama, Alaska, Arizona, California, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Nevada, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, West Virginia
Arkansas, Colorado, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, Wisconsin
Houston Car Accident Lawyer
If you are thinking of suing after a car accident, it is best to start the process as soon as possible. You don’t want to miss any important details of the accident, and it may take some time to collect and submit the necessary paperwork. It is to your advantage to have relevant documents close to when you file your case.
If you have decided to pursue a personal injury claim, the next question may be: Who do I sue? Did you sue the driver? The person who owns the car? Or are you suing the car owner’s insurance company? The answer to these questions depends on the circumstances of the accident as well as the state where the accident occurred.
In most cases, suing after a car accident means suing the other driver. You don’t sue the insurance company. However, the driver’s insurance company will likely be the one to pay any settlement.
In no-fault states, your insurance company must pay for your medical expenses regardless of who is at fault. The chart below lists each of the no-fault states.
Should You Call A Lawyer After A Car Accident?
* These are optional innocent states. This means that drivers can choose whether to work under the no-fault system.
In some cases, you may be able to charge someone other than the driver of the other vehicle. If the owner of the vehicle is different from the driver and there is a provable reason that the owner should not allow the driver to operate the vehicle, you may be able to sue the owner of the vehicle – for example, if someone knows that a drunk friend will borrow their car.
Sometimes, you can sue the other driver’s employer if that person is driving for work. This may be possible if you can prove that the employer engaged in negligent hiring, negligent management, negligent training, or policies that encourage negligent driving.
If you are suing in a car accident, the car insurance carrier of the person you are suing will usually pay any damages determined by the court. If the other person does not have insurance or insurance does not cover the claim, then that person must pay.
When Do You Need To Hire A Car Accident Lawyer?
The most important factor in determining how cases are settled is liability. Who is the at-fault driver? All drivers have a responsibility to drive in a manner that ensures the safety of other drivers on the road. Not all accidents are cut-and-dry. Usually, there is shared responsibility between the two parties involved in the accident.
In shared-liability cases, compensation may depend on the state. In some cases, as long as the other driver is more than 50 percent at fault, they can be considered liable. Some states may require a larger percentage of fault.
Settlement from a car accident can vary greatly from person to person. Settlement amounts are based on the state, severity of injuries, amount the insurance company is willing to pay, medical bills, repair bills, lost wages, and pain and suffering.
Generally, the higher the fees, the higher the settlement. Accidents involving severe and high-impact injuries tend to end up in higher residences.
When Should I Call A Lawyer After A Car Accident?
Suing after a car accident is not always necessary. In cases where there are no injuries, it is rarely worth suing, especially when the fault is clearly established. Before filing a lawsuit, you must file an auto insurance claim.
If the other driver was at fault in the accident, their insurance company should make a compensation offer after you submit your claim. If there is no physical damage, this payment will likely be enough to cover the costs of the damage to your property. However, if you believe that the insurance company’s offer is too low, you are free to reject the offer and go to court. If an insurance company refuses to pay a claim or gives you a lowball offer, it’s a good idea to hire the services of an attorney who can help you figure out how to get the most. money for a car accident.
If you were injured in a car accident, your claim is likely to be more valuable, and there is a better chance that the insurance company will not pay as much as you can in court, especially for serious physical injuries. Lawyers know how to calculate pain and suffering, so they can help make your best case.
Remember that if you are suing after a car accident, the success of your case will depend on your ability to prove that the other driver was at fault, as well as the extent of your injuries. Elements commonly used by the court to determine fault include:
Why You Need A Lawyer If The Car Accident Was Not Your Fault
If someone sues you after a car accident, it is in your best interest to contact an attorney as soon as possible. If you have insurance coverage, your insurance carrier is responsible for damages up to the maximum amount described in your policy.
Since your insurance company wants to avoid paying a large claim, it may provide you with an attorney. An insurance company attorney may seem like an attractive option, especially if you can’t afford an attorney yourself. However, remember that the attorney provided by your insurance company will work in your insurer’s best interest, which is not necessarily your best interest.
After the case is filed, there is an opportunity to reach a settlement before the case goes to court. An accident attorney working for you should try to negotiate a fair settlement that does not exceed the liability limits of your insurance policy. If you’re ordered to pay $30,000 in damages but your insurance policy has a $25,000 limit, you’re on the hook for an additional $5,000.
If you are planning to sue after a car accident, or if you have been sued, be sure to contact a car accident attorney as soon as possible. There is a lot of work to do before filing a lawsuit, so it is important to start the process as soon as possible. Additionally, how long after an accident you can sue depends on where you live, so you’ll want to make sure your case is heard before your statute of limitations expires. If you have been injured in a car
Car Accident? The Lawyers At Robert J. Debry Can Help!
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