When is a Lawsuit Necessary After a Car Accident?
Written by AskTheLawyers.com™ on behalf of Jonathan Jamieson with Phillips Law Group.
Is a lawsuit necessary after every car accident? This is a common question, and the answer may be surprising: no, you do not necessarily need a lawsuit to recover from every car accident. However, if there is any question of whether you will make a fair recovery after a car accident, or if you suspect you will not be offered a fair settlement or compensation without a trial, it’s important to talk to an attorney. A car accident attorney can help evaluate your accident at no cost to decide if a lawsuit is necessary. If you or a loved one were involved in a car accident, reach out to a car accident attorney for help determining whether or not you may need to file a lawsuit.
For extremely minor car accidents covered by insurance, a lawsuit is likely unnecessary.
If you are involved in an accident and both parties come away uninjured, with all the resulting damages covered by one or both parties’ insurance providers, a lawsuit is not necessary. However, there are caveats to this rule. Many injuries may not surface until days or even weeks after an accident, so it is important to seek medical care even if you don’t feel immediately injured. If an injury is discovered after the fact, a lawsuit may present an opportunity for recovery depending on its severity.
If an insurance company is being uncooperative, you may need a lawyer.
Whenever you find yourself dealing with an insurance provider, it is important to remember that these companies make their money by accepting monthly premiums from their customers and denying or reducing as many claims as possible to hold onto that money. This can result in insurance companies denying, reducing, or delaying completely valid claims.
If an insurance company offers you a settlement you believe is insufficient to cover your damages, or you otherwise suspect an insurance company may be dealing falsely with you, contact an attorney. Insurance bad faith is more common than many people realize, and occurs when an insurance company refuses to fairly investigate or pay a valid claim. However, accusations of insurance bad faith are serious, and often a car accident attorney can correct the situation without complicated litigation.
If you or a loved one were seriously injured or killed in a car accident, you may be eligible to file a lawsuit.
Medical bills can be astronomically expensive, and severe car accidents can result in severe injuries that require extensive medical treatment to recover. Additional expenses such as lost wages, rehabilitative therapy, and life care expenses should also be considered and compensated for. When a car accident occurs due to the negligence of one or both parties and someone is seriously injured or killed, it is important to talk to a car accident attorney as soon as possible to figure out what kind of damages have already occurred, what damages may predictably occur in the future, as well as how these damages can be compensated in a successful lawsuit.
To discuss the eligibility of your case for free or for help filing, reach out to a car accident attorney.