If you cannot reach a car accident settlement, filing a lawsuit may be your best recourse. In many cases, the mere act of filing a car accident lawsuit will be enough to get the insurance company to reconsider an unfair offer and provide you with a better settlement. In other situations, you will be able to take your case to a jury and potentially be awarded a larger amount than you would have in any settlement situation.
Filing a Lawsuit
It is important to understand the difference between filing a lawsuit and getting a damage award, and settling a claim out of court. When you get into a car accident, the insurance company will generally try to settle out of court to avoid legal fees and a potentially high jury verdict. Often, they will make a settlement offer directly to you based on the cost of medical bills and their estimation of other damages you have suffered. If you accept this settlement, then you sign away your rights to file a lawsuit and the car accident settlement they offered you becomes your full recovery.
On the other hand, if you file a lawsuit, you are asking the jury to decide how much you should get from the car accident. You may be able to recover more damages by filing a lawsuit, including higher damages for pain and suffering and even punitive damages in some cases when the driver is egregiously reckless.
Filing a lawsuit doesn't automatically mean you will end up in court though. Sometimes, an insurance company will offer you a settlement after you have filed a lawsuit because they want to keep the case from going all the way to court. If this happens, make sure you consider the settlement offer carefully. Will it provide you with full compensation?
Know the Law
It is important to know the law in your state in regards to filing a lawsuit if you can't reach a car accident settlement. In twelve states, called no fault states, you cannot sue for car accident injuries unless your injuries exceed a certain threshold (either a monetary threshold or a threshold of pain and suffering or severity of injury). In states where you can file a lawsuit, you must do so within a set period of time- usually one to two years- or the statute of limitations can bar your claim.
Get Legal Help
An experienced car accident attorney can provide you with invaluable advice on when you should accept a car accident settlement and on when you should file a lawsuit. If you do decide to settle the lawsuit, he can also provide you with details on how to move through the court system and prove your case.
