What Happens When You Have To File A Law Suit After A Car Accident?

What Happens When You Have to File a Lawsuit After a Car Accident? 

If you are involved in a car accident, you may have to file a lawsuit against the other driver or his insurance company. The defendant will probably deny your claims and may even accept them, but they may also counterclaim and try to show that you were at fault for the accident or that their negligence caused your injury.

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Documenting everything after a car accident 

If you’ve been in a car accident, it’s important to document everything, especially the details surrounding the accident. The exact location, date, time, and traffic conditions are all important, as are any witnesses to the accident. You also need to write down any damage and take pictures. You should also speak with any other drivers involved in the accident to get their statements. Document the license plates of all vehicles involved. 

After the accident, you should take pictures of any property damage and any injured persons. You should also take photographs of road signs and any road signs that may have been damaged. These photos are crucial for your claim. 

Determine fault in an at-fault state 

If you’ve been in a car accident and sustained injuries, you may want to consider filing a lawsuit against the at-fault driver. This will allow you to claim full compensation for your pain and suffering. There are certain thresholds for how serious an injury must be to make a case. 

Different states have different laws regarding what constitutes negligence. Some factors may be the extent of vehicle damage, the weather conditions, or details of a police report. These factors can all be important in determining fault. 

File a lawsuit 

After you are injured in a car accident, you can file a lawsuit against the driver who was at fault. You can include all of your expenses, including any medical treatments, in your lawsuit. Insurance companies will often argue that you didn’t need the treatments, but they should be made aware of your injuries and their cost. 

First, you should contact a lawyer in your state. They can give you a free consultation and help you decide whether to file a lawsuit. The statute of limitations for filing a lawsuit is usually one year, but certain factors can extend the timeframe. For example, some injuries may go unnoticed for years, so you might be able to file a lawsuit before the statute of limitations has expired. 

Calculate pain and suffering 

Calculating pain and suffering is an important part of any personal injury case. This is a measure of how much the accident has impacted a person’s life. It does not include medical expenses. It addresses the victim’s loss of happiness, opportunity, and comfort. Medical expenses are typically included in the pain and suffering calculation, but the exact value of pain and suffering is subject to disagreement. 

Depending on the severity of the injuries suffered in the accident, the pain and suffering multiplier can range from 1.5 to five times the number of actual damages. For example, a person who receives $50,000 in medical bills would receive $150,000 in pain and suffering. If a person suffers permanent disabilities, the multiplier would be much higher. 

What Happens When You Have To File A Law Suit After A Car Accident? | Montag Law Office