WHEN TO SUE AFTER AN AUTO ACCIDENT
July 28, 2021
Accidents happen. In fact, there's an automobile crash every 60 seconds or so nationwide to the tune of 6.7 million per year. Those numbers are a bit overwhelming — much like the actual experience of being involved in a collision. One minute, life is on cruise control. The next, everything literally comes crashing down.
It can be a surreal, scary experience for so many reasons. In an instant, you may find yourself with serious physical injuries that require hospitalization and/or long-term rehabilitation. Your vehicle may be a loss or need thousands of dollars in repairs. You may not be able to return to work for a substantial period while you recover from your injuries, which greatly affects your ability to sustain a living and provide for your family. The list goes on and on.
Should I file a car accident lawsuit?
Have you suffered an automobile accident at the hands of a negligent driver? Has someone filed a car accident lawsuit against you? Do you really need a car accident personal injury lawyer? We're here to help clear up any confusion and get you the legal rulings you deserve.
How long after a car accident can you sue?
If you or a passenger were hurt or killed in an accident, you want to consult with a personal injury lawyer as soon as possible. This ensures you receive the best possible protection and guidance at every step of the legal journey.
There are a variety of reasons you'd want to consider filing a car accident lawsuit. Physical injuries, property damage, and loss of life are the obvious ones, but you can also attempt to receive financial compensation for a loss in quality of life. Perhaps you enjoyed golfing twice a week before the accident but can no longer play due to injuries suffered in the crash. This inability to enjoy life as you did before the accident is more than enough reason to seek legal remedies and compensation.
How much can someone sue for a car accident?
The sum you could seek in a lawsuit over a car accident depends on a lot of factors. Car accident settlements are often proportional to the victim's medical expenses, plus the pain and difficulty they faced as a result of the wreck. In short, damages can take into account both monetary and non-monetary losses including medical and other expenses, lost income due to injury, pain and suffering, and punitive damages.
Just keep in mind that the clock starts ticking as soon as the accident occurs; you have upwards of two years to file a claim — important to know as many people don't know how long after a car accident you can sue the other driver(s). Each state has its own statute of limitations; Oklahoma's is two years, for example, while Minnesota's is six. If you're in Oklahoma and thinking about hiring a car accident personal injury lawyer, therefore, you'd want to act as possible to get the paperwork started.
The vast majority of automobile accidents do not result in litigation, particularly if no one was injured and all parties have adequate insurance coverage. A lack of coverage, however, might require lawsuits to recoup money to cover the financial damages incurred.
Who do you sue after a car accident?
When you take legal action after a car accident, you are suing the other driver you feel is responsible for the damages due to negligence. That's a common misunderstanding, as some plaintiffs wrongly believe they sue the driver's insurance company (because the driver's insurer typically pays the damages) or perhaps the owner of the vehicle.
Ultimately, the outcome of the case will be determined by liability. Who was at fault for the accident? Sometimes there is shared liability, and different states require different percentages of fault when it comes to finding guilt and ordering compensation. The final financial figure depends on a range of factors, including medical expenses, property damage, loss of income, rehabilitation costs, pain and suffering, and other punitive damages. It's a lot to sort out — all the more reason to consult with Jeff Martin and The Heavy Hitter® team.
The same goes for if someone sues you after a car accident. You'll want to secure legal representation as soon as possible, even if you have good car insurance in place. Your policy will cover damages up to the maximum amount outlined in your policy, but those coverages are often not substantial enough to pay for everything — and insurance companies will do everything in their power to avoid paying more than they absolutely have to. They're looking out for their best interests at every turn, not yours. Strong legal representation will protect you.
Jeff Martin & Associates is Oklahoma's best personal injury law firm. With more than 40 years of experience, we specialize in getting fair, firm compensation for our clients. We know the ins and outs of car accident lawsuits and will work tirelessly on your behalf. Don't delay; reach out for a complimentary consultation today so we can get you on the road to complete recovery.