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Reasons Why You Should File a Lawsuit After a Car Accident

If you have just been in a car accident, the idea of having to deal with a lengthy court process might seem like a huge inconvenience. However, it is often necessary. According to the National Highway Traffic Safety Administration, 94 percent of car crashes are caused by human error.

If you believe that your accident was caused by another driver’s negligence, their insurance company should be responsible for your damages. You may get compensation for your lost income, medical bills, emotional distress, and the cost of repairing your car.

Car accident lawsuits are personal injury cases and you, therefore, have limited time to file your suit. Your attorney will help you do it as soon as possible. Waiting too long can make your case weaker. Car accidents can present a lot of problems including hefty medical bills, severe injuries, and high repair costs. If you are trying to determine whether filing a lawsuit is a good idea, you must consider factors such as where you live, the extent of your injuries, and the events leading up to your crash. The following are a few reasons to consider filing a lawsuit after a car accident.

1. Your Case May Be Worth More Than What the Insurer Projects

With personal injury law, decisions are based on money. If your lawyer advises that your case is worth a lot more than the insurance provider is willing to offer, filing a lawsuit will be beneficial. Insurance companies are always trying to save money, and they are unlikely to give you satisfactory offers during pre-suit settlement negotiations. According to the legal experts at, failing to file a lawsuit may increase your likelihood of getting less than you deserve. Filing a lawsuit will increase your chances of getting sufficient compensation for the following:

– Medical Bills

You will receive reimbursement for all your medical expenses following the crash. This includes the cost of pain medication, physical therapy, hospital stay, and prescription medication. If you need ongoing medical care because of your injuries, you may receive compensation to help with your future medical bills. You may also request compensation to modify your vehicle or home when necessary.

– Pain and Suffering

Pain and suffering is a term used to describe the emotional trauma or distress that you may experience after a car accident. Even though it is difficult to quantify, the court will determine the amount you receive as compensation based on the severity of your injuries and the specifics of your case.

– Lost Income

You can receive this compensation to cover the income you lost for the time you could not work after a car accident. It may also cover loss of wages in the future.

– Punitive Damages

In auto accident cases, punitive damages are rare. However, this does not mean that they do not happen. The damages are awarded because the accident was caused by a particularly negligent driver. These damages are meant to deter irresponsible behavior.

2. Lawsuits Can be Better Than Settlements

There are instances when filing a lawsuit makes more sense than a settlement. If, for example, your lawyer values your case at $80,000 to $100,000 and the insurer offers a pre-suit offer of only $30,000, a suit is your best option. Even though settlements help you find a quick solution and avoid lengthy court processes, they are not always worth it.

3. Peace of Mind

If you have just been in a car accident, you are likely to feel angry and frustrated especially if it was not your fault. Pursuing the compensation you deserve may restore your confidence to get back on the road. It may help you alleviate most of the unpleasant feelings.

4. Seeking Justice For Deceased Loved Ones

If a family member was in an accident that resulted in their death, you may seek compensation for wrongful death. Even though it won’t bring them back to life, it may give their loved ones a sense of justice.

In the past, it was impossible to sue a driver for someone else’s death. Fortunately, the law has changed and family members can now recover damages after the death of their loved ones. Family members that can make a wrongful death suit include the deceased’s spouse, parents, or a representative of their estate. They may receive compensation for lost wages, funeral costs, medical bills, and loss of income opportunity.

In conclusion, filing a lawsuit right after a car accident may be the last thing on your mind but it is a good idea. It increases your chances of getting the settlement you deserve.


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