Suing After a Car Accident: Explained
When you get involved in a car accident, the first thing that may not always come to your mind is to sue the other driver for damages. However, with the ballooning medical bills and property damage expenses that come after the accident, and with insurance companies not always willing to provide the settlement you’re owed, you may have to seek other options such as suing the at-fault driver for financial damages.
If you are suing after a car accident, this article will provide you with the necessary information on filing car accident lawsuits and how DoNotPay can simplify the process for you.
Types of Car Accident Lawsuits
Not all vehicle accidents are of similar circumstances. The type of lawsuit you can file after an accident will depend on the specific nature of your incident. There are three most common car accident lawsuits:
|Personal Injury Lawsuit||If the car accident is caused by another person’s negligence, you have a legal ground to file a personal injury claim for compensation.
Examples of negligence include texting while driving, speeding, driving without a valid license, driving while intoxicated, etc.
|Wrongful Death Lawsuit||If the car accident was caused by another driver’s negligence and resulted in you losing a loved one, you may be able to file a wrongful death lawsuit and seek financial compensation for your losses.
Examples of wrongful death lawsuits are those where the car accident resulted in the death of an immediate family member, spouse, and dependents.
|Product Liability Lawsuit||This is covered by personal injury law where injuries are caused by the use of a defective or hazardous product. If the cause of the car accident is a defective car part, then you may file a liability lawsuit.
For example, the car accident was caused by a brake malfunction which is linked to the manufacturer’s negligence, faulty design, or false advertising.
What Constitutes a Car Accident Lawsuit
If you have been involved in a car crash and you are not the at-fault driver, you may be wondering whether to settle or sue. Although both parties could be affected by the car accident, serious injuries from an accident may require surgery and serve as legal grounds for a personal injury lawsuit. Depending on the severity of your injuries and the long-term impact on your quality of life, you may have a right to seek compensation for the damages. Here are some of the reasons to sue after a car accident:
- Sustaining serious injuries because of the other driver’s negligence
- Car accident resulting in the wrongful death of a loved one
- Significant reduction in your ability to perform day-to-day tasks
- Long-term effects on your quality of life
How Long to Sue After a Car Accident
Certain factors can determine how long you have to file a lawsuit after a car accident. If you have been injured in a vehicular accident and decide to seek financial damages from the at-fault driver, knowing the best time to file a personal injury claim is crucial. Here are some of the considerations you need to take note of:
- Statute of limitations – Every state varies in how long you have to sue someone for a car accident. The statute of limitations sets the maximum amount of time that parties involved in a car crash may initiate legal proceedings.
- The type of accident claim – Personal injury protection (PIP) is insurance that covers medical bills related to the car accident. Meanwhile, bodily injury claims provide compensation for damages related to the accident. Therefore, it is important to check with your insurance provider about the terms and conditions of the period for filing a claim.
- Wrongful death – In the case of wrongful death, the lawsuit must be filed within two years. However, this may vary between states so it is worthwhile to check with your state’s specific laws.
Recoverable Damages from a Car Accident Lawsuit
One of the many considerations to take when filing a lawsuit is determining the damages to seek. Suing after a car accident may be able to provide relief from major expenses related to the accident. Although taking legal action can be time-consuming, the possible damages awarded can make the effort worthwhile. Here are some of the most common damages awarded to a plaintiff in a car accident lawsuit:
- Existing and long-term medical expenses
- Ambulance fees
- Costs to repair the damage to your vehicle or other property
- Costs to replace the vehicle or other properties
- Public transportation or car rental expenses while you could not drive your vehicle
- Costs of physical therapy or rehabilitation
- Pain and suffering
- Mental distress
- Lost wages or earning capacity
- Loss of consortium (for those suing for wrongful death)
- Funeral and burial costs
How to Sue After a Car Accident With DoNotPay
Car accidents may cause long-term detrimental effects in your life including expensive medical costs, inability to work, or physical pain and mental distress that affects your daily living. Ensuring a fair settlement offer for your injuries can be achieved when filing a complaint in small claims court. This also means you do not have to add to mounting expenses as there is no need to pay for lawyer fees.
However, the truth remains where you need to overcome bureaucracies and file countless paperwork and documentation to sue. That is where the DoNotPay app can help. Our AI lawyer in an app can simplify the suing process for you.
- Log in to DoNotPay and select the Sue Now product
- Enter the dollar amount you are owed
- Select whether you want a demand letter or court filing forms
- Describe the reason for the lawsuit and submit any applicable details, including photo proof
That’s it! DoNotPay will then generate a demand letter or court filing forms for you. We’ll also mail a copy of your demand letter to the individual you are suing!
What Other Companies DoNotPay Can Help You Sue?
Use the Sue Now product to sue in small claims court and join thousands of users who have done the same. Have another company in mind? DoNotPay can also help you sue: