Can I Sue After a Car Accident?

Wisconsin Personal Injury Lawyers » Can I Sue After a Car Accident? Personal Injury

Have you ever been in a car accident and wondered what your options are afterward? It’s a question many people have. The best way to know for sure is to have an experienced car accident attorney evaluate your situation and legal options.

What Are Your Rights After an Accident?

First, after most car accidents, you usually do have rights. These rights will vary depending on where you live and how the crash happened, but generally, if you’ve suffered an injury or your property sustained damage by someone else’s actions, you can seek help through the legal system.

When Can You Sue?

There are a few situations where suing after a car accident makes sense, and your car accident lawyer can weigh whether filing a lawsuit is the right move in your case.

You’ve Suffered Injuries

Suffered Injuries I Sue after Car Accident

You might get hurt in a car accident, and it’s not your fault. You might have to go to the doctor or even stay in the hospital, which can cost a lot of money. You might not get paid if you’re hurt too badly to go to work. This can make life significantly harder because you still need to cover your housing and everyday expenses on top of the new medical bills.

In situations like this, the law understands that it’s unfair for you to pay for everything if the accident wasn’t your fault. That’s why you can sue and legally seek compensation from the person who caused the accident. This money can help pay for your doctor visits, any treatment you need to get better, and the money you didn’t earn because you cannot work. It can also include money for the pain you’ve gone through, which is a bit harder to put a price tag on but is just as important.

Generally speaking, you will only file a lawsuit after a car accident if you have physical injuries and related losses from the accident. Car crashes with only property damage rarely go to court, though if your vehicle is also damaged, you can certainly seek compensation for repairs or replacement along with your physical injuries through the lawsuit process. Your attorney will ensure to include all your relevant damages in your demand for both economic and non-economic losses.

Remember, every car accident and situation is different, so what you can sue for might not be the same as someone else. That’s why talking to a car accident lawyer is always helpful. A car accident attorney can assess what happened in your case and advise on the kind of financial assistance you can seek. This way, you can focus on improving while someone else handles the legal side of things.

You Were the Victim of Negligence

Having injuries is also not enough on its own to file a lawsuit. You also must have a legal cause of action against another party. This means you must have a legal reason to hold that party liable for your losses under the law. In car accident cases, this cause of action is usually negligence.

Negligence happens when someone doesn’t take proper care and causes harm to others. Regarding driving, common examples of negligence include:

When drivers do not pay attention or follow traffic laws, leading to an accident and injuries, they are negligent. This means the crash is their fault because they weren’t doing what they should do to keep everyone safe. If you get hurt because of their negligence, you have a valid reason to ask for relief through the legal system. Since a lawsuit cannot turn back time and take away your injuries, relief comes in the form of financial compensation.

When another driver’s negligence leads to an accident and you have injuries, contacting a car accident lawyer can guide you in determining the next steps. A car accident attorney can advise how the law applies to your situation and how you can obtain the financial support necessary for a full recovery from the accident.

A Lawsuit is Usually Not the First Step

Most people who need to take legal action first think about the courts. However, filing a lawsuit in civil court is usually far down the line in the car accident claim process. Instead, your car accident attorney will generally begin by filing appropriate auto insurance claims. In most states, this means filing a claim against the at-fault party’s insurance policy.

Your lawyer will provide evidence of the driver’s liability and your losses, negotiating with the insurance adjuster for a fair insurance settlement. Often, lawyers can obtain a settlement that covers your losses directly with the insurance company, which eliminates the need for further legal action. However, if the insurance company refuses to make a favorable offer, your car accident attorney can escalate the matter by filing a lawsuit in court.

What You Need to Do After a Car Accident

If you’re thinking about suing after a car accident, there are some important steps to take to protect your rights.

Report the Accident

Report the Accident I Car Accident

Telling the police about the accident is one of the first things you should do. When you speak with the police, give them basic information about what you believe happened, but be cautious about what you say. Be careful never to apologize or say anything that resembles accepting blame for the crash.

The police report is important because it’s an official record. This report can help show what happened and who might have been at fault for the accident. Later, if there are any questions about the accident, like how it happened or who was responsible, this report can be a key piece of evidence to help answer those questions.

Having your car accident lawyer notify your insurance company about the accident is just as important. Your insurance company might help pay for repairs to your car, medical bills if you’re hurt, or even help if you need to take legal action because of the accident. But they can only do these things if they know about the accident, so it’s important to properly notify them through your attorney as soon as possible.

Always seek prompt medical treatment for your injuries following an accident. If you feel anything out of the ordinary, have a doctor check you out. Further, if you suffered head trauma or other trauma to your body, seek an evaluation even if you do not feel immediate pain. Some injuries, like whiplash or concussions, do not show symptoms immediately, but diagnostic tests can identify them.

Having immediate medical records can help both your physical condition and provide evidence of your accident-related injuries for the purposes of your insurance claim or lawsuit. Prompt medical treatment is critical for health and the legal process.

Consider the Timing

Consider the Timing I Car Accident

The law sets a deadline for filing personal injury lawsuits in civil court stemming from car accidents. This deadline is called the “statute of limitations,” and it is different from state to state. In some places, it can be as short as one year, while in a few states, it is as generous as five or six years. Most states provide two years from the date of the injury to file a case.

Once the statute of limitations passes, the court will almost certainly dismiss your lawsuit when the other party requests it. You cannot refile the case, and you lose your right to seek compensation. That’s why it’s extremely important to pay attention to this rule and act quickly if you’re thinking about taking legal steps after an accident.

Starting early allows you time to gather all the necessary information, like medical records or repair bills, and find a skilled lawyer for assistance. This way, you won’t rush at the last minute, increasing your chances of obtaining the required assistance and building a strong case.

Remember, each car accident is different, and figuring out what to do can be confusing. But one thing that’s always wise is keeping an eye on the clock and ensuring you don’t wait too long to take action. If you’re not sure about the rules or what you should do, talking to a car accident lawyer can help. A car accident lawyer is well-versed in all applicable laws and deadlines and can guide you in determining the best steps to ensure fair treatment and necessary support after the accident.

Getting Help Legal Help After a Car Accident

After being in a car accident, asking for necessary help through the legal system for your injuries can feel pretty overwhelming. You might be unsure of where to start.

A car accident lawyer is a professional who knows all about injury laws and what happens legally after an accident. When everything seems confusing, and you’re uncertain about what to do or not do, they’re there to clarify things for you. They know how to gather all the important information, like police reports and medical records, to build a strong case for you.

A car accident lawyer has the tools and the knowledge to help build your case effectively. They speak on your behalf, ensuring everyone involved in your car accident claim knows the compensation you need to recover from your damages and the reasons behind it.

A car accident lawyer’s primary goal is to ensure you receive fair treatment and obtain what you need to address the damages—whether it’s assistance with medical bills, repairing your car, or support for any other legal troubles caused by the accident. It’s not just about arguing in court; it’s about standing up for you and upholding your rights.

Working with a car accident lawyer can also bring you immense peace of mind. You don’t have to figure everything out independently; you have someone looking out for your best interests. So, if you ever find yourself in a tough spot after a car accident, remember that reaching out for help from a car accident lawyer can be one of the smartest moves you can make. They’re ready to help guide you through the process, step by step, ensuring you get the fair treatment and support you deserve.

Most car accident lawyers operate on a contingency fee basis. This means they only get paid if you win your case. There is no upfront barrier to representation.

Most lawyers also offer free case consultations. It won’t cost you anything to determine if you have a valid claim. Taking advantage of this opportunity allows you to discuss your situation with a legal professional, gaining insights into the strength of your case and potential courses of action without any financial obligation. This initial consultation can be essential in understanding your options and making informed decisions about pursuing compensation for your injuries and damages.

Contact a Car Accident Lawyer Today

Driving is a big responsibility. Everyone on the road is supposed to look out for each other by being careful and following the rules. When someone doesn’t do this and causes harm, the law has ways to help make things right for the people affected.

Talking to a car accident lawyer is the best first step if you’ve been in a car accident and are considering legal action. A car accident lawyer can provide guidance tailored to your situation and advise you in navigating the legal process.

Remember, you don’t have to go through this alone. A knowledgeable car accident lawyer can be a valuable ally in seeking justice and support after an accident. Their experience can provide an understanding of your rights, navigate complex legal procedures, and work toward a fair resolution. Having a skilled professional by your side ensures you’re well-equipped to face the challenges and complexities of the legal system, empowering you to focus on recovery and securing the compensation you deserve.

Auto Accident Lawyer, William Pemberton
William Pemberton, Baraboo Car Accident Lawyer

Whether you’re dealing with injuries, damage to your property, or both, understanding your options is the first step. With the right help and information, you can make informed decisions about your next steps. Don’t hesitate to contact a injury attorney in Baraboo to explore what actions you can take to protect your rights and seek the compensation you may be entitled to.

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