Should I File a Car Accident Lawsuit?

by | Jul 26, 2022 | Car Accident, traffic law

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Should I File a Car Accident Lawsuit?

If a car accident injured you, your immediate focus should be on your recovery. Once you’re feeling better, you can decide if the other driver caused the accident which injured you. If so, you have to decide if you will file a car accident lawsuit against the other driver.

At the least, you may start off by filing an insurance claim with the insurance company for the other driver. However, before doing so, consult with an experienced car accident lawyer.

During the consultation, your attorney will review your case. But it helps if you’re prepared for your first meeting with an attorney ahead of time.

A lawyer will need to see the details of your accident and the costs related to it before being able to accurately advise you. Consequently, you can provide the attorney with the police reports and any photos of the accident scene you took.

Additionally, bring medical bills, auto repair bills and paystubs to show your lost wages.

Also, bring the insurance information for the other driver.

You can describe your injuries and the names of your doctors. Moreover, if you will need additional treatment, physical therapy visits, etc., you can let the attorney know.

Certainly, the attorney can advise you if he thinks you should sue the other driver. Car accident lawsuits are a way for you to recover money if you are injured in a car accident caused by the negligent driving of another.

He can also give you a dollar range of how much your case may be worth. Experienced personal injury lawyers can also advise you on the pros and cons of filing a suit or seeking a settlement based on the specific details of your case.

Don’t Wait to File a Lawsuit

There is no time limit to file a claim with the other driver’s insurance company. However, if you and your attorney decide to sue, file as soon as possible.

First, the time you have to file a lawsuit for a personal injury is determined by state statute of limitations (it’s two years in Indiana). Certainly, you don’t want to have any statute of limitations issues hovering over the case.

Moreover, the sooner you file the lawsuit, the easier it will be to get the settlement amount you need to fully recover from the accident. Remember, your attorney may have to locate witnesses to the accident.

Alternatively, if construction debris in the road contributed to the cause of the accident, your attorney will want to find out who left the debris there.

Likewise, if the design of the road was a cause of the accident, experts will have to be hired to examine the road.

In short, your attorney may have a great deal of work to do to properly prepare the case. Waiting to sue may make it hard to successfully resolve the lawsuit.

How Much Money Will the Insurance Company Pay to Settle My Case?

If another driver’s negligence caused the motor vehicle accident that injured you, his or her insurance company should pay for your damages. That includes medical bills, lost wages because of your injuries and any emotional distress the accident caused.

In fact, most car accident cases settle without ever going to trial. Many claims settle before a lawsuit is even filed.

How much will the insurance company pay to settle your claim or lawsuit? It depends.

For instance, were you partially at fault? Was there much property damage to your car?

How serious were your injuries? Are you still receiving treatment months after the accident?

As another example, how high are your medical expenses?

Likewise, did the other driver get a speeding ticket from the responding police officer?

In short, there are many factors that go into deciding the settlement value of cases involving car accidents.

You don’t have to accept the settlement an insurer offers. Talking with an attorney can help you understand all your legal options. An experienced car accident attorney can also deal with the other driver’s insurance company, gather your evidence and medical records, and negotiate a settlement for you.

Experienced and Knowledgeable Indiana Car Accident Lawyer

If a car accident injured you, a close friend or a loved one in Indiana, you need an experienced Indiana auto accident attorney. We will investigate the accident, determine who caused the accident and fight to get you the compensation you deserve. Contact us at our Hammond office at 219-200-2000 or online at alexmendozalaw.com for a free consultation.

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