Can I Sue the Other Driver for My Car Accident Injury?

Many states have restrictions on whether one can sue the other driver for a car accident injury.  Usually these restricted states have no fault insurance statutes which require insurance companies to pay for damages in an accident regardless of whom was at fault in the accident. 

Monetary Limitations

If a state permits a private lawsuit for a car accident injury, chances are that the state has a monetary threshold applicable to the lawsuit; in other words, the injured party must demonstrate that he or she has damages which meet or exceed a certain dollar amount.  Moreover, if one meets the threshold, evidence must be introduced to show that the monetary amount is a valid one.  This is usually proven by the submission of paid invoices, cancelled checks or paid bills.

Injury Limitations

Another limitation on the filing of a private lawsuit which may exist pertains to the nature of the injury of the victim.  Many states require the injury to be one which meets a “serious” threshold.  The definition of what constitutes a “serious” injury varies.  However, a serious injury could include one which involves any of the following:

• a permanent disability
• disfigurement
• dismemberment
• loss of  a bodily function

Necessity of Medical Reports

In the event that one has sustained an injury in a car accident, it is also crucial to have supporting documentation for the injury for a lawsuit.  Therefore, the injured party must visit a doctor as soon as possible to document the injury and obtain proper treatment. Thereafter, one must retain copies of the documentation as well as any medical bills from the physician and the treatment one received for the injury.  This documentation will be utilized in connection with the lawsuit in order to demonstrate the nature and extent of the injury, in addition to establish damages.

Damages

While every personal injury case varies, the damages a plaintiff may seek in a car accident case typically include the following:

• pain and suffering
• medical expenses
• loss of employment due to the accident
• inability to obtain future employment due to a disability caused by the injury

Settlement of Car Accident Personal Injury Cases

Frequently, car accident personal injury cases are settled prior to trial.  The settlement of a car accident case usually occurs following the discovery phase of the case, so all of the evidence and witness testimony is available to both the plaintiff and the defendant who can evaluate the strengths and weaknesses of the case.  Once this is known, each side can negotiate a monetary settlement to resolve the matter.  If a resolution is agreed upon, a settlement agreement will be executed by both parties and the case will be formally withdrawn.

When to Talk to an Attorney

If one seeks to file a lawsuit against the other driver in a car accident for a personal injury, it is important to obtain the services of an experienced personal injury lawyer.  Initially, a personal injury case must be asserted within a certain period of time and a failure to do so can result in one’s inability to file a lawsuit.  An experienced attorney will have no problems with handling this matter.  Moreover, a seasoned attorney can utilize his or her expertise in negotiating the most beneficial settlement, which will yield a most desirable result on the client’s behalf. Finally, an attorney can help to minimize the stress a lawsuit can cause by navigating one through the system and process and counseling one on the appropriate course of action whenever necessary.