Tips On Filing a Personal Injury Lawsuit After a Car Accident

If you want to file a personal injury lawsuit after a car accident, there are several important tips that you need to follow to maximize your recovery and protect your legal rights.

Tips to File a Car Accident Lawsuit

• Know the law in your state - Every state has different rules and laws in regards to filing a personal injury lawsuit resulting from a car accident. For example, there are 12 states that are "no fault" states. This means that you are limited to recovering from your no fault insurance for minor injuries, regardless of who is at fault. You are permitted to file a personal injury lawsuit for serious injuries, as defined by the law. Although each state has slightly different definitions of what constitutes a serious injury, generally if you are permanently paralyzed or disabled, if you are disfigured, or if death occurs, then your injury would be considered serious.

• Understand what you have to prove - To recover for personal injury from a car accident, you have to prove the other party was negligent and that his negligence led to your damages. Negligence is determined by whether a reasonable person would have exercised more care than the other driver did. A jury makes this determination when you go to court. You also have to prove that you actually did suffer an injury.

• Know what damages you are entitled to - Generally, the law allows you to recover damages for medical bills, lost wages, pain and suffering, emotional distress, wrongful death and loss of companionship, among others. Some states also institute caps on damages, such as caps on non economic and punitive damages. Knowing these caps and how much you can potentially recover can help you to determine if it is worth it to file a lawsuit or if you should accept an insurance settlement.

• Know the statute of limitations - Every state has a different time line in which you must file your claim. Some states have a timeline as short as one year while others give you up to five years to file. If you do not file within the statute of limitations, you can be forever barred from filing suit.

Getting Help

If you have been injured in a car accident, you should consult with an experienced personal injury attorney who can give you detailed advice about whether you and and should sue, given the nature of your injuries and the law in your state. Your attorney can also help you build a strong case to maximize your chances of recovering the damages that you are entitled to under the law.