Know When Should You Sue After a Car Accident

When you're an owner of a vehicle, it's like having an extremely treasured commodity - after all, earning for a vehicle and its maintenance is extremely difficult. This is also why we tend to be extremely careful when it comes to its care. That said, when a road accident happens, we really can't help but get worried about everything. Unfortunately, being worried all of the time and not knowing what to can present a risky situation for you. Here are things you may need to know if you’re considering a lawsuit after a car accident. 

These things can be overwhelming, especially when you realize that a lot of the things you may be better off doing all involve a calm state of mind. This is not always easily achievable if you are in the situation and are victim to the stress following the accident. However, reviewing these situations with a car accident lawyer can help you get a grounded view of what you could do. 

Always remember however that these tips are not all the ones you should follow, as these depend on the situation you're in. If you are in need of legal advice, you may want to consult a legal counsel or a lawyer. 

What About A Settlement?

Know When Should You Sue After a Car Accident

One of the primary considerations regarding if you should sue after a car accident is if a settlement has been offered in the first place. A lot of people choose the option of settlements over lawsuits because these tend to have better options than the lawsuit itself. For instance, compensation is received faster, and there might be fewer fees to be paid when it comes to gathering documents, appearances in court, and even some attorney's fees.

  • Of course, this means that there would be no trial involved and sometimes the other party would ask you that this case will not be brought up in the future as this has already been settled.
  • Your legal counsel may advise you to take or not to take this option depending on a lot of factors. However, if you're after getting compensation, then this might be for you.

Are You Getting Unfairly Compensated?

Know When Should You Sue After a Car Accident

If there is compensation in the picture, but it feels as though you're being cheated out of your deserved compensation, then it might be a good time to consider taking it to court. For instance, if there are no responses to your demand letter for a settlement, or if the settlement offer of the insurance company is too low for you or your legal counsel's estimate, then it might be the proper time to take your case to court. You have to be prepared, however, as this means you're going to have to brace yourself for other fees as well, including paying for documentation and court appearances. 

Are You In A No-Fault Insurance State?

Know When Should You Sue After a Car Accident

If you live in a state that has a No-Fault Insurance option, then you must seek compensation for your injuries from your own insurance company. This is because in no-fault states, companies and insurance providers pay for the damages of their clients, and no one has to prove that the risky behavior of someone else has caused the accident. There are many states with this policy that still allows you to sue the other driver in question if your policy limits cannot cover all your losses. 

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    Unfortunately, most insurance companies will only be able to cover the economic losses you've suffered. These include auto repair costs and medical expenses, alongside a loss of wages.
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    In this same token, this means No-Fault Insurance might not cover things such as emotional distress compensation, pain and suffering compensation, and spousal companionship damages. You may, however, get recovery from these laws via a lawsuit.

Take Note Of The Statute of Limitations!

When it comes to laws, there's something called a statute of limitations. This is basically a clause that states how long after an incident can you sue in order to get compensated for injuries or to achieve some sort of legal goal. In the case of car accidents, some states have statutes of limitations that last for 1-2 years. This means you only have this much time in order to decide whether you plan to sue or not, or else you'd lose that opportunity forever. 


With the above tips in mind, you may now have a basic idea of when should you sue after a car accident. The law can be extremely complex, especially if you don't have a good grasp on where to start and what to do. However, if you at least have a general idea on this topic, it may be easier for you to explain your situation to a legal counsel or a lawyer and build a case properly. 

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