If you’ve been in a car accident, you probably have many questions – particularly if you’ve been hurt or had your property damaged. After receiving any necessary medical attention and doing everything you need to do at the scene of the accident, your next thoughts are likely to be along the lines of “what do I do now?” A car accident lawyer may be able to answer that and some other common questions for you.
Can I file a car accident lawsuit? A lot of injured motorists simply file a claim with the other driver’s insurance company or through their own insurance carrier and negotiate from there. But, insurance companies are motivated to save money and not necessarily pay you what you deserve. And, what if the insurance company is not willing to cover all of your damages? You may be faced with the need to discuss your case with a car accident lawyer and file a car accident lawsuit. Having an accident attorney by your side to guide you through the process can help make sure you get the full compensation you deserve.
Car accident lawsuits are generally based on the theory that another driver was to blame for the accident, meaning that the driver was negligent or careless. Some factors that may be considered when making that determination include:
- Reckless driving;
- Speeding;
- Drunk driving;
- Tailgating;
- Auto defects and car malfunctioning;
- Cell phone use or other distracted driving;
- Aggressive driving and road rage;
- Failure to obey traffic signals and signs; and/or
- Driver fatigue.
Who do you sue? The answer to who you should sue depends on a number of factors including the laws in the state where you live, the other driver’s insurance coverage, whether or not the driver has insurance to begin with, or whether there was a malfunction of any the cars’ systems. You may also need to consider suing a driver’s employer if a commercial vehicle was involved in your wreck.
What are your damages? Just like there are differences in state laws about when you can file a car accident lawsuit, the laws differ in how they award damages. If you are entitled to damages, you may be able to receive monetary compensation for things such as:
- Repair or replacement of the damaged cars;
- Past and future medical expenses;
- Lost income;
- The cost of obtaining a rental car;
- Other out-of-pocket expenses;
- Pain and suffering;
- Disability; and,
- Disfigurement.
Keep time limits in mind. There are strict time limits in place for filing a car accident lawsuit. These time limits include statutes of limitations. If you have been in a car accident, contact the Lopez McHugh accident lawyers without delay for a free consultation about your possible auto accident lawsuit.
