You’ve just been through a difficult car accident, and you and/or your loved ones are recovering from your injuries. You’re overwhelmed with medical expenses, and haven’t been able to work, making it even more difficult to pay the bills. Meanwhile, the insurance company is calling, and you don’t think what they’re offering is fair.
It’s time to ask yourself the question: Should you file a lawsuit to recover damages?
Should You File a Car Accident Lawsuit?
It can be difficult to decide whether or not you should pursue an auto accident lawsuit. You may wonder if it would be worth it, and if you have a chance of recovering more than what you will if you just accept the standard insurance payout.
The truth is that insurance companies are looking out for their bottom line.
They will try to settle your claim as quickly as they can, and usually, for the lowest amount they can. Depending on the extent of your injuries, and what actually happened in the accident, you may be better off filing a lawsuit against the other driver in the accident.
How can you tell if this is the right move for you? There are at least four questions to consider.
4 Questions to Ask Yourself Before Filing a Car Accident Lawsuit
First: Do you have the evidence you need to prove your case?
Evidence is key in any car accident lawsuit and can help you prove that the other driver was at fault. A judge or jury is likely to put weight on things like:
- medical bills
- documents showing property damage
- expert opinions
- and other information such as the driver’s blood-alcohol level at the time of the accident.
Second: Is the insurance company playing fair with you?
Maybe the police determined that the other driver was at fault, but the other driver’s insurance company is trying to low-ball you so they can save money. Your insurance company is on your side, but they don’t want to spend too much time or money fighting with the at-fault driver’s insurance company, so they may not be doing enough to secure a fairer settlement.
Third: What are your total expenses?
These should include, at the very least, medical expenses, property damage, and missed work wages. If the insurance company isn’t offering enough to cover these expenses, you could potentially recover the rest in a car accident lawsuit.
Fourth: Are you suffering non-economic losses?
These include things like pain and suffering and loss of family relations and even punitive damages. The insurance company will likely not pay for these damages, so the only way you can recover them is in court.
Hiring a Car Crash Attorney
Considering your answers to these four questions, you may decide it’s worth it to file a car accident lawsuit. If you do, your next decision is who to hire to represent you. Look for a car accident attorney who is experienced in accidents like yours, and who has a good record of looking out for his or her clients. Your attorney will go through the evidence for your case and can help you determine what you can expect from a lawsuit.