Pursuing a Lawsuit After a Car Accident
After a car accident, car accident victims can pursue legal action. Depending on your situation, filing a personal injury claim through insurance may not be enough. Pursuing a car accident lawsuit might be the best course of action to guarantee you get the compensation you deserve.
The law firm of Cantor Grana Buckner Bucci is here to help you with your car accident case. We understand that it can be difficult to know what to do after a collision. Our experienced team offers personalized legal advice tailored to your individual situation. Contact our firm’s experienced car accident lawyers today for a free consultation.
Steps to Take Before Filing a Lawsuit
Consult with a car accident attorney:
An experienced attorney can help you understand the legal process and determine if pursuing a lawsuit is the best option for you. If you have been injured in a car accident in Virginia, we can help.
Determine if a lawsuit is necessary:
In some situations, it may be more beneficial for you to settle out of court rather than pursue a lawsuit. Your attorney can help you make this decision.
Assess the damages:
You must consider the amount of money that you are asking for in your lawsuit and whether or not it is reasonable, given the circumstances of your accident.
File a Car Accident Claim:
Before proceeding with a lawsuit, it’s important to file a car accident claim with the insurance company. This will allow you to begin the process of receiving the compensation you deserve.
Gather evidence:
As stated above, you or your attorney must collect evidence to prove that the other party was liable for your injuries. Take pictures of the scene, witness statements, and all medical records related to your accident.
Prepare your case:
Once you have gathered all of the necessary evidence, it is important to put together a strong legal case. Your attorney can help you present your evidence in court and use it to prove the other party’s negligence.
Filing a lawsuit can be a lengthy and complicated process, but it is possible to pursue legal action after an accident. Be sure to consult with an experienced attorney about your particular situation before making any decisions. They will be able to help you understand the law and determine if filing a lawsuit is the best course of action for you.
Who Should You Sue?
The first step in filing a lawsuit is deciding who to sue. You may be able to sue the other driver or drivers involved in the accident, their insurance company, their employer, and/or any other parties that may have been responsible for the crash. It’s important to consider all of your options and consult with an experienced attorney before proceeding.
Determining Liability
In order to win a lawsuit, you must prove that the other party was liable for the accident. It would not make sense to pursue a lawsuit when you were 100% at fault for an accident. You must show that the other party acted negligently or recklessly and caused your injuries. You will need to present evidence such as witness testimony, photos and videos of the scene, police reports, and medical records. A lawyer can help you gather this evidence and build your case.
What is Contributory Negligence?
In Virginia, contributory negligence is a legal doctrine that bars individuals from recovering damages in a personal injury lawsuit if they were partially responsible for the accident. For example, if a driver was speeding and suffered an injury in the crash, he or she may not be able to win a lawsuit. This law makes it difficult to recover damages in certain cases, so it’s important to consult with an experienced attorney before deciding whether or not to pursue legal action.
When to Sue After a Car Accident
Here are some common grounds when a lawsuit may be necessary after car accidents:
Severe Injuries and Extensive Damages:
When a car accident results in significant injuries or extensive property damage, the costs can quickly escalate beyond what the at-fault driver’s insurance policy covers. In such cases, a lawsuit may be necessary to seek compensation for medical expenses, lost wages, and pain and suffering.
Disputed Liability:
Suppose there is a disagreement over who is at fault for the accident. In that case, the insurance companies may deny your claim outright. In such situations, a lawsuit would likely be the only option to proceed with the case.
Bad Faith Practices:
Suppose the insurance company engages in bad faith practices, such as unreasonably denying or delaying your claim without valid reasons. In that case, a lawsuit may be necessary to hold them accountable and seek the compensation you deserve.
Uninsured or Underinsured Motorists:
If the at-fault driver is uninsured or underinsured and you have uninsured/underinsured motorist coverage, your insurance company may not offer a fair settlement. In this case, filing a lawsuit to pursue the case against your own insurer may be necessary to recover damages.
Diminished Value Claims:
If your car’s value has decreased due to the accident, the at-fault driver’s insurance company may not be willing to compensate you for the diminished value of your vehicle. In such cases, a lawsuit can help pursue a diminished value claim.
Long-Term or Permanent Injuries:
Injuries that result in long-term or permanent disabilities may require ongoing medical care and financial support. A lawsuit can help ensure you receive adequate compensation for the long-term impact of the accident.
Death or Wrongful Death:
If a car accident results in the death of a loved one, filing a wrongful death lawsuit can help seek compensation for funeral expenses, lost income, and the emotional suffering experienced by surviving family members.
Non-Cooperative Insurance Companies:
Some insurance companies may not negotiate in good faith or may attempt to undervalue your claim. In such cases, a lawsuit can put pressure on the insurer to engage in fair settlement negotiations.
The Role of Insurance Companies in Suing After an Accident
Insurance companies typically play an important role in the process of filing a lawsuit after a car accident. If you are pursuing legal action, your attorney will likely contact the at-fault driver’s car insurance company to negotiate a settlement. If negotiations fail or the insurance company does not offer a fair settlement, your lawyer may file a personal injury lawsuit on your behalf.
Common Questions About Suing After A Car Accident
Q. Is it worth it to sue after a car accident?
A. Whether or not you should pursue legal action depends on the specific facts of your case and the extent of your injuries. It’s important to consult with an experienced attorney who can answer all of your questions about filing a lawsuit and evaluate the potential costs, risks, and benefits.
Q. What is the statute of limitations for suing after a car accident in Virginia?
A. Generally, the statute of limitations in Virginia for filing a personal injury lawsuit is two years from the date of the accident. However, it’s important to speak with an attorney as soon as possible since this timeline can vary depending on your specific circumstances.
Q. How long does it take to get a settlement from a car accident lawsuit in Virginia?
A. The length of time it takes to settle a car accident case varies depending on the facts and circumstances involved. Generally, if both parties are able to reach an agreement without going to court, the process may take several months. If a trial is necessary, the process can take considerably longer.
Hiring an Attorney for Your Case
If you have been injured in a car accident and are considering filing a lawsuit, it’s important to hire an experienced personal injury attorney who will work hard to protect your rights. An attorney can help you understand the law and determine if filing a lawsuit is the best course of action for you. Your lawyer can also help gather evidence, build your case, negotiate with insurance companies, and represent you in court.
Cantor Grana Buckner Bucci: Advocates for Car Accident Victims
Filing a lawsuit after a car accident can be an intimidating process. However, if you have been injured due to someone else’s negligence or recklessness, it may be the best way to ensure you get the compensation you deserve for medical expenses, lost wages, pain and suffering, property damage, and other losses. If you have been injured in an accident, contact our dedicated team today for a free consultation. You deserve expert legal representation to help you navigate the legal process and get the justice you deserve.
