If you were in a recent accident where you were not at fault, you might be thinking of suing for damage. After all, personal injury lawsuits are one of the best ways to recover damages for financial strain, in addition to pain and suffering after a wreck.
But should you always sue after a car accident? This article will provide the information necessary to help make that decision. In addition, you should always consider contacting a car accident lawyer to learn more about your particular situation in a court of law.
It’s important to know upfront that not every car accident requires a lawsuit. And in most cases, it’s completely unnecessary. If nobody was injured and the at-fault driver has car insurance, you will likely be reimbursed for the cost of your repairs. But in some instances, it’s absolutely necessary.
For example, if you’ve recently filed an insurance claim and it was denied, were offered a low settlement, or the insurance company refuses to negotiate, it might be worth considering taking legal action. Compensation from the other insurance company should be enough to cover your documented costs, like your medical and repair bills, as well as pain and suffering.
Pain and suffering damages typically only come into play if you’ve been physically injured in an accident. The worse you are injured, the more you will likely get for pain and suffering when suing. But there’s no way to calculate the exact amount of pain and suffering, which is why some insurance companies try and lowball you.
And if you are in an accident where the other driver is at fault and doesn’t have insurance, you may have to initiate a lawsuit. However, you should always consult with a lawyer because people without insurance may have no assets to take.
If you decide to pursue a personal injury claim, you may wonder who you need to sue. The answer is that it depends on the accident as well as where the accident occurred. In most scenarios, you will be suing the other driver involved in the accident, not the insurance company. But the insurance company is likely the one who will pay out any settlement.
If your accident occurs in a no-fault state, your car insurance provider must pay for your medical expenses, no matter who is at fault. Current no-fault states include:
When you sue after a car accident, the car insurance provider of the person you sue will generally be responsible for paying any damages assigned by the court. And if the driver does not have insurance, that person would be responsible for paying.
Working with an experienced personal injury attorney can make all the difference when filing a personal injury claim after being involved in an auto accident. Accessing appropriate medical care without paying out of pocket, collecting evidence and documenting injuries, and understanding your rights are many things we consider before deciding how best to proceed with someone's case.
At Rodzik Law Group, we have over 30 years of experience helping those who have been injured in auto accidents get fair compensation for their troubles. So if you’re looking for help with your insurance claim for your injuries, look no further. Contact us today for more information about our services and see how we can help get justice for victims like yourself.