If you are going to file a lawsuit for a car accident, then you should get started on the process as soon as you can. Because there is a limitation on how long you can wait before filing such a lawsuit, and it varies from one state to another.
People are always stuck on whether they should file a lawsuit, settle for an out-of-court settlement, or just do nothing.
Here, you will find all the answers you need. Also, see this leading Katy drunk driver accident lawyer.
Why you should file a car accident lawsuit?
Medica bills seem expensive
This is why we always recommend that parties to any car accident should undergo a full medical diagnosis as soon as possible. Even it seems you are okay physically and the damage to your vehicle is somewhat minor.
You would never truly know how well you are until you visit the clinic and maybe after the diagnosis shows you are paying exorbitant fees to get back in shape. The offendant should pay that, not you!
The in-fault driver is not cooperative
Even if you do not want to go to court, the other party might not be acting in good faith and every effort you make at negotiations might be treated with scorn.
In that case, it is not inhuman of you to take the case to court. Although, there is a higher chance that they agree to a settlement without court action.
If the damage caused by the in-fault driver is higher than what their insurance can cover
On this note, you may bring the in-fault driver to pay so they can be forced by the court to use their personal assets to make up for the shortfalls in compensation.
Answers to FAQs
How long can you wait before filing a lawsuit?
Although the limitation set by different states varies, at most, you have up to two years to bring such matters to court as per the majority of the states. Some states even allow u to 4 years.
How should you file a lawsuit?
It is in your best interest to take this lone action in the company of a seasoned car accident attorney. Are you bothered about the service fees?
Unless you are compensated, the attorney won’t be able to charge payment.
Who should you sue?
Now, that you have decided to pursue this personal injury case in a court of law, you may be troubled about who you should slam the lawsuit against.
Is it the in-fault driver? Could it be the owner of the vehicle? Could it be the other party’s insurer?
Well, the in-fault driver is the party that ought to be sued. Although his insurer would service the settlement if it does not exceed his coverage.
How is fault decided in a car accident?
Unless fault is proven, you won’t be able to milk compensation from the other party. And in some cases, you may also be at fault. Depending on how much fault you have, the liability would be shared between both drivers.