Some states consider a car accident lawsuit an option if you have a car crash that wasn't your fault. But it's not always the best option to take the case to court.
You were driving to work when another car hit you. You got injuries due to the crash, and you filed a car insurance claim with the insurance provider. Still, the settlement negotiations take too much time, and no one seems to care that you paid for medical treatment and property repair. You and your lawyer consider that the insurer doesn't provide a fair amount. Should you file for a lawsuit and settle in the court?
The only reason to file a personal injury lawsuit is money. The jury may decide that the insurance provider doesn't offer enough money to compensate for your medical sufferings, and establish a new sum. If you don't see the other part coming to the negotiating table with an offer worth considering, the lawsuit may be your best option.
When should you go to court after you had an auto accident?
When your case is worth more than the insurance provider is offering
All personal injury litigations come down to money, and if your lawyer considers that your car accident injury claim is worth more than the insurer offers, and they aren't open for negotiations, then you may consider filing a lawsuit.
But you may wonder how far apart you should be from the other part to make sense to get them to court. In this case, you should remember that auto accident injury claims don't have a specific value, but they have a range of values. Part of the claim's value is your suffering and pain, which isn't the same for all victims and cannot be subject to exact calculation. Your personal injury lawyer can estimate how much your case's worth is, and you can decide if you should settle with the offer the insurer makes or go to court. Before you choose any of the options, think about your goals with the settlement and what you're willing to sacrifice.
How long after the accident should you file a claim or lawsuit?
Every state has a liability time limit known under the name of the statute of limitation. You can ask your personal injury lawyer how much time you have to decide which one of the options you prefer. Depending on where you live, you may have to meet specific limitations and time limits according to the type of damage you experience in a car accident. Most auto policy providers ask the victim to immediately initiate the claim process after the accident or within 24 hours since it happened, but this isn't the last word. However, the time frame isn't required and it doesn't stop you from filling a lawsuit months after the accident because the statute of limitations of your state allows it. This is because some injuries don't immediately appear and it takes days or even weeks for them to show any symptoms.