John Austin | August 31, 2021 | Car Accidents
After a car accident, one of the first decisions you’ll face is whether to resolve your claim through insurance or pursue a lawsuit. While insurance can cover injury-related losses, insurers often try to minimize payouts or deny claims.
In some cases, insurance settlements may not be enough, especially if you’ve suffered severe injuries, long-term disability, or the loss of a loved one. Knowing when to rely on insurance and when to escalate your claim to court can be confusing; the right choice can maximize your recovery.
You should, therefore, work with a legal professional to understand your rights and options after a car crash. At Roman Austin Personal Injury Lawyers, our car accident lawyers can guide you through this decision, evaluate the strength of your claims, and fight for a fair and just settlement.
Car Accidents Claims Key Takeaway
- You may need to sue after a car accident if you suffer severe injuries, permanent disability, wrongful death, disputed liability, or face low settlement offers.
- A car accident lawyer can assess claim value, handle negotiations, prove liability, and meet deadlines while protecting your rights.
- Compensation varies widely, depending on injury severity, shared fault, insurance limits, and available evidence.
- File your claim promptly to avoid missing legal deadlines or compensation.
- Call a car accident attorney to understand your legal options.
When to Sue for a Car Accident
While many car accident cases resolve through insurance settlements, certain circumstances necessitate filing a lawsuit. Knowing when to pursue litigation allows you to recover adequately or avoid financial hardship.
Here are a few reasons to file a lawsuit after a car accident:
Severe or Catastrophic Injuries
When accidents result in severe or catastrophic injuries such as multiple fractures or organ damage, insurance policy limits often prove inadequate. A car accident attorney can use a lawsuit to pursue compensation from personal assets or alternative insurance.
Severe injuries require extensive medical treatment, multiple surgeries, and long-term rehabilitation, which can cost hundreds of thousands or millions of dollars.
Insurance settlements rarely account for the full scope of these expenses, making lawsuits an option for adequate settlements.
Permanent Disability or Disfigurement
Permanent disabilities that affect your ability to work, enjoy life, or perform daily activities warrant legal action to secure compensation for lifelong impacts. Similarly, significant scarring, burns, or disfigurement that affects your appearance and self-esteem deserve compensation beyond what insurance companies offer.
A car accident attorney can use a lawsuit to bring in expert witnesses. A lawsuit also allows you to demonstrate future needs and the psychological impact of an injury.
Wrongful Death
When car accidents result in fatalities, surviving family members can pursue compensation through wrongful death lawsuits. The legal action is an opportunity to recover compensation for funeral expenses, lost income, loss of companionship, and other damages.
Insurance settlements in fatal cases are insufficient to address the long-term financial impact on surviving spouses, children, and dependents. A car accident attorney can use a wrongful death lawsuit to fight for appropriate compensation for the surviving family members.
Lowball Settlement Offers
Insurance companies offer settlements quickly after the crash, hoping victims will accept them without objections. You can file a lawsuit when insurers refuse to negotiate fairly or make unreasonable offers.
A lawsuit demonstrates your commitment to fair recovery and often motivates more serious settlement discussions. Legal action preserves your right to have damages properly evaluated by a jury.
Disputed Liability
When parties contest fault for the accident, insurance companies may deny claims entirely or offer minimal settlements based on their version of events.
Suppose the other party’s insurer refuses to accept responsibility or claims you were primarily at fault. In that case, a lawsuit allows you to present evidence, call expert witnesses, and have liability determined by an impartial court.
Uninsured or Underinsured Drivers
You can file a lawsuit if the at-fault drivers lack insurance or carry insufficient coverage to pay for your damages. A car accident lawyer can initiate a lawsuit to recover compensation directly from the responsible party.
While uninsured drivers may have limited assets, some possess recoverable property, future earnings, or other resources. If uninsured/underinsured motorist coverage, you may need to file suit against your insurance company to compel it to honor policy benefits.
Punitive Damages
You can file a lawsuit for cases involving particularly reckless behavior, including drunk driving, excessive speeding, or intentional misconduct. A judge or jury may award punitive damages to punish the negligent party and deter similar behavior.
Punitive damages go beyond compensating actual losses and can increase recovery. However, punitive damages are only available through litigation, not insurance settlements, making lawsuits necessary in cases involving egregious conduct.
How Can a Lawyer Help After a Car Accident
After a car accident, one of the overwhelming decisions you’ll face is whether to pursue compensation through insurance claims or file a lawsuit. The input of a skilled car accident lawyer can be invaluable in choosing the legal option that will result in a fair and just settlement.
Here are five ways a car accident attorney can support you:
Evaluate the True Value of Your Claim
A car accident lawyer will assess the applicable damages in your case, including economic, intangible losses, and punitive damages. They understand how to calculate current and future costs that insurance adjusters often overlook or undervalue.
An objective evaluation of your cases helps determine whether an insurance settlement offer covers your losses or if litigation might yield better results.
Assessing Insurance Policy Limits and Coverage
A car accident lawyer will review all applicable insurance policies, including the at-fault driver’s liability coverage, your uninsured/underinsured motorist protection, and any additional coverage sources.
Suppose the responsible party’s insurance limits are insufficient to cover your damages. In that case, a car accident lawyer can advise whether pursuing a lawsuit against the individual’s personal assets makes financial sense.
Solve Liability Issues
When fault is unclear or multiple parties are involved, a car accident lawyer investigates the accident, collects evidence, and establishes liability. They work with accident reconstructionists, review police reports, and interview witnesses.
If liability is unclear or the insurance company disputes fault, a car accident lawyer files a lawsuit to prove liability and protect your right to compensation.
Oversee Settlement Negotiations and Litigation
An experienced car accident attorney understands when insurance companies negotiate in good faith versus when they employ delay tactics. They can also know when insurers are offering unreasonably low settlements.
They can distinguish between cases that will settle fairly through insurance negotiations and those requiring litigation pressure to achieve just compensation. A car accident lawyer will design a strategy to protect your rights and maximize recovery.
Manage Time-Sensitive Legal Deadlines
Car accident cases involve multiple deadlines, including the personal injury statute of limitations for filing lawsuits. You must also adhere to insurance claim filing requirements and medical provider deadlines. A car accident lawyer ensures you meet deadlines while pursuing insurance negotiations.
They can file a lawsuit to preserve your legal rights while continuing settlement discussions with insurance companies.
The decision between insurance claims and lawsuits isn’t always straightforward. Often, the most effective approach involves pursuing both tracks simultaneously. A car accident attorney uses the threat of litigation to encourage fair insurance settlements while maintaining the option to proceed to court if necessary.
How Much Can You Sue for a Car Accident
No standard amount exists for how much you can sue for in a car accident. The outcome depends on the facts and circumstances of the crash. Here are the factors that influence how much you can sue for a car accident:
Severity of Injury
The extent and nature of your injuries directly impact potential lawsuit compensation. Minor injuries like soft tissue damage or whiplash typically result in awards ranging from thousands to tens of thousands of dollars.
However, catastrophic injuries such as spinal cord damage, traumatic brain injuries, or permanent disabilities can lead to settlements or judgments worth hundreds of thousands to millions of dollars.
Courts consider current medical expenses, ongoing treatment costs, rehabilitation needs, lost earning capacity, and pain and suffering. Permanent injuries deserve higher settlement values because they affect your ability to work or enjoy life.
Shared Fault
Many states follow shared liability rules, which reduce your potential recovery based on your percentage of fault in the accident. If the court finds you 20 percent responsible for the crash, your compensation decreases by that percentage.
For example, a $100,000 award becomes $80,000 after applying your 20 percent fault. Some states use modified shared liability, where you cannot recover damages if you’re more than 50 percent at fault.
Pure shared fault states allow recovery even if you’re primarily responsible, but your award diminishes accordingly. A car accident lawyer can use evidence to protect you from being unfairly blamed for the crash.
Insurance Coverage of the Negligent Party
The negligent party’s insurance coverage is the source of compensation for the injured victim. Therefore, the at-fault driver’s insurance policy limits represent the practical ceiling for your recovery.
If someone carries only minimum state-required coverage, typically $25,000 to $50,000, that may be the maximum available through insurance channels. However, if the negligent party has substantial personal assets, you might pursue additional compensation through litigation.
Underinsured motorist coverage on your policy can supplement inadequate third-party coverage, increasing your potential settlement.
Availability of Evidence
Evidence is the foundation of a successful car accident claim and high settlement awards. Clear documentation of fault through police reports, witness statements, traffic camera footage, and accident reconstruction analysis strengthens your case.
Comprehensive medical records linking injuries directly to the accident prevent insurance companies from arguing pre-existing conditions. Photos of vehicle damage, road conditions, and injury progression provide visual proof supporting your claims.
Severe injuries may result in minimal compensation if you cannot adequately prove the other party’s negligence or the accident’s connection to your damages.
Speak to a Car Accident Attorney to Discover Your Options
You’re likely to endure financial distress after sustaining an injury in a car crash caused by someone else’s negligence. For instance, a fractured bone can keep you out of work for months, leading to loss of income.
While you may be entitled to compensation for these losses, the at-fault party’s insurer may make a low settlement offer that doesn’t cover your losses. A car accident lawyer from Roman Austin can negotiate with insurers or litigate to protect your right to compensation.
Contact us at (727) 787-2500 for a free case evaluation.
Car Accident Compensation Frequently Asked Questions
Will My Case Settle Before Trial
Most car accident cases settle out of court, with the majority resolving through negotiations before trial. Settlement likelihood depends on clear liability, reasonable damages, adequate insurance coverage, and both parties’ willingness to negotiate.
Cases with disputed fault, severe injuries exceeding policy limits, or uninsured parties are more likely to proceed to trial.
What Kind of Lawyer Do I Need for a Car Accident
You need a car accident lawyer with vast knowledge in car accident cases. Look for attorneys with experience handling motor vehicle claims, knowledge of insurance laws, and a track record of successful settlements or verdicts.
Choose a car accident attorney who works on contingency fees, understands medical evidence, and has trial experience if negotiations fail.
Should I Get a Lawyer for a Car Accident That Wasn’t My Fault
Even when an accident clearly wasn’t your fault, hiring a car accident attorney is highly recommended for all crashes involving injuries. Insurance companies often downplay injuries, undervalue claims, or delay payments regardless of fault.
An experienced car accident attorney can protect your rights, handle legal paperwork, negotiate with insurers, and ensure you don’t miss important deadlines that can jeopardize your claim.
When Is It Too Late to File a Car Accident Claim
You must file a car accident claim within your state’s statute of limitations, typically one to six years after the crash. Insurance claims often have shorter deadlines, sometimes just 30 days for certain benefits.
A delay in initiating a claim reduces evidence quality, witness availability, and settlement leverage. File your claim immediately after the accident to protect your legal rights, preserve evidence, and maximize your compensation potential before deadlines expire.
