Can You Get Sued for a Car Accident?

Yes, you can. However, the individual filing the lawsuit must prove some aspects for the case to be valid. They must prove that:

• you owed them a duty of care;
• you neglected this duty; and
• the breach of duty of care was the cause of their injuries.

If they can prove these three elements, they will likely recover damages.

Economic and non-economic damages are the most common forms of damages car accident victims can recover. Economic damages compensate the injured for their financial losses stemming from the accident. Examples of economic damages include medical expenses, ambulance costs, lost wages, loss of earning potential, cost of hiring a caregiver, etc. On the other hand, non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and so on.

Who Is Liable for Compensation if I Win a Car Accident Lawsuit?

In most cases, car accident victims recover compensation from the other party's insurance provider. But that is just one of the many ways to seek compensation.

If you live in a "no-fault" state like Florida, you must file a claim with your insurance provider before pursuing compensation from the other party. Such states usually require drivers to have Personal Injury Protection Insurance. In Florida, for example, drivers must have PIP insurance worth at least $10,000.

This insurance covers bodily injury, property damages, and, in most cases, lost wages. However, if the coverage is insufficient to compensate you for your losses, you may file another claim with the other party's insurance provider.

Suppose the accident occurred due to a faulty car part. In that case, you can file a product liability lawsuit against the part manufacturer and recover compensation from them as well. The bottom line is that there are many ways to recover compensation after a car accident. The best thing to do if you ever find yourself in such a situation is to contact an experienced car accident attorney. After reviewing your case, the attorney will decide the best way to proceed. They will also identify where to file a claim and how much you may be entitled to as compensation.

How Long Do Car Accident Lawsuits Take to Settle?

The time needed to settle a car accident lawsuit will depend on various factors. In most cases, in-court settlements take longer than out-of-court settlements. This is also one of the reasons car accident attorneys prefer settling such cases out of court. However, if the other party is unwilling to cooperate, it may be necessary to pursue compensation in court.

Although the in-court process usually takes longer due to court backlogs and other factors, the losing party might be required to settle the legal fees involved. For this reason, insurance companies would rather settle out of court than risk losing the case and paying more than they would have had they opted for an out-of-court agreement.

How Long Do I Have to File a Car Accident Lawsuit?

In most states, car accident victims have up to three years from the date of the accident to file a lawsuit. The exact deadline will depend on the state where the accident occurred. For this reason, it is always important to contact a seasoned attorney as soon as possible. This gives the attorney enough time to investigate the accident and build a strong case on your behalf before taking action against the other party.

How Much Compensation Can I Get if I Win My Case?

There is no standard settlement for a car accident lawsuit. Instead, the settlement varies from case to case. The following factors will determine the settlement amount:

Post-accident procedure: The steps you take after a car accident will influence the amount of settlement you can recover if you win the lawsuit. For example, suppose you take too long to seek medical attention. In that case, the other party could argue that you were not seriously injured as you claimed. This allegation alone could reduce the settlement amount.

Contribution to the accident: If you were partly responsible for the accident, you might not receive full compensation for your injuries. Some states do not even allow plaintiffs partially responsible for the accident to recover any settlement.

Type of injuries sustained: if you suffered severe injuries requiring surgery, you might receive higher compensation than someone who suffered minor injuries. However, this will also depend on the two factors we mentioned above.

Settlement caps: Some states impose caps on the amount of settlements plaintiffs can recover if they win a car accident lawsuit.

How Is "Pain and Suffering" Calculated in a Car Accident Lawsuit?

Because non-economic damages such as pain and suffering do not come with receipts, the judge or jury will multiply the economic damages by a certain number, usually between three and seven. For example, if you win $10,000 as the economic damages and the judge or jury chooses seven as the number, you will recover an additional $70,000 for your pain and suffering.

Of course, this also depends on the severity of your injuries. The more severe the injuries, the higher the compensation for pain and suffering. Since the judge or jury cannot physically feel your pain, they will rate it based on the severity of your injuries.

How Does the Car Accident Lawsuit Process Work?

When you get injured in a car accident, you will need to seek immediate medical attention and then collect evidence to prove your case. The evidence may be in the form of photos and videos of the accident scene.

Then, you will file a claim with the other party's insurance provider if the accident occurred in an at-fault state. If the accident happened in a no-fault state, you must file a claim with your car insurance provider.

The insurance provider will likely send a claims adjuster to assess the value of your claim and adjust it accordingly. Bear in mind that adjusters usually work for insurance companies. For this reason, chances are they will put the insurance company's interests first during the assessment.

After the assessment, the adjuster will send a report to the insurance company recommending a particular settlement amount. The insurance company will then process the settlement and close the case.

This is just the standard process; unfortunately, it is prone to numerous errors and disputes. For example, since claims adjusters usually favor the interests of insurance companies, it is highly unlikely that they will provide a fair assessment of your damages. Secondly, when you do not have an attorney fighting for you, the insurance company could manipulate you into accepting a lowball offer knowing that you cannot sue them all over again for the same incident if you accept the settlement offer.

Thirdly, insurance adjusters are not usually thorough with their assessment and may not fully understand the true scope of your pain. For example, while the adjuster might focus on your economic damages, they will likely not pay attention to non-economic damages such as pain and suffering. Earlier, we mentioned that non-economic damages are usually higher than economic damages, which is why you need an attorney to fight for you. A skilled lawyer will consider every injury you have sustained from the accident and help maximize the compensation you may be entitled to.

What Is the Difference Between a No-Fault and an At-Fault State?

In a no-fault state, drivers file their claims with their own insurance provider after a car accident, regardless of who is at fault. In other words, a no-fault state assumes that no one is at fault for the accident. For this reason, drivers in these states are required to have Personal Injury Protection coverage. The PIP insurance is designed to cover the losses drivers sustain after a car crash. Precisely, it covers bodily injury, funeral expenses, and lost wages.

On the other hand, in an at-fault state, drivers file their claims with the other party's insurance company if the other driver is at fault for the accident. Personal Injury Protection insurance is not necessarily required in an at-fault state although it is still an option.

What Happens if Your PIP Insurance Is Not Enough?

Suppose your PIP insurance is not enough to settle your medical bills. In that case, your health insurance will kick in. But that is not the only option—you may be able to recover additional compensation from the other party's insurance provider if they were at fault for the accident. An experienced attorney can help you understand your options if your PIP insurance is insufficient to cover your damages.

Can I File a Car Accident Lawsuit Without an Attorney?

Yes, you can, but it is not advisable. When you file a lawsuit without an attorney, you will likely encounter numerous challenges along the way which, quite honestly, require a lot of experience to handle. To put things into perspective, most car accident claims filed without an attorney settle for far less than the claim's value. In addition, when you do not have an attorney, the other party's insurance company will likely use different tactics to frustrate the claims process or offer far less than what you deserve.

Some of the most common challenges you may encounter when you file a claim without an attorney include the following:

• You will need to fill out tons of paperwork.
• Car accident claims are time-sensitive, and you may lose your right to recover any settlement if you miss crucial deadlines.
• Insurance companies use different tactics to avoid paying what they owe claimants.
• Insurance providers will likely have defense attorneys fighting for their best interests, especially in complex cases.

What Are the Benefits of Hiring a Car Accident Attorney?

An experienced car accident attorney can:

• Evaluate your case to determine whether it valid
• Collect crucial evidence to prove your claim
• Identify different ways to maximize your claim
• Create a legal strategy to pursue a reasonable settlement
• Help you get the medical attention you need after the accident
• Calculate the amount of compensation you may be entitled to
• File a claim with insurance companies
• Represent you in settlement negotiations
• File a lawsuit if the other party refuses to settle the claim out of court
• Prepare you for court hearings
• Argue your case in court, keeping your best interests at heart

Where Can I Find an Experienced Car Accident Attorney?

When looking for a competent and experienced car accident attorney, Morgan and Morgan is where the search ends. Here is why:

Morgan and Morgan is the largest personal injury law firm in the United States. Our firm fights for the injured from coast to coast. Since opening our doors in 1988, we have helped our clients recover more than $13 billion as compensation for different injuries, some of which have been caused by car accidents.

In addition, our firm boasts an army of over 800 attorneys specializing in different injuries. As a result, you can count on us when you need a law firm with powerful resources and legal minds to fight for you.

Lastly, despite being the nation's largest personal injury firm, we offer a free, no-obligation case evaluation. And if your case is valid, we will fight for you without any upfront payment. You only pay us if we win.

Remember, the more you wait, the harder it is to prove your case. So fill out our free case evaluation form now to get started.