Yes, you can sue after a car accident. A civil lawsuit is one of the legal avenues to collect compensation for your losses if you have suffered an injury in a car crash. You must prove your case to collect damages. A car accident attorney can obtain the compensation you deserve after a car crash.
Whether or not you should sue after an Arkansas car accident lawyer and the likelihood of a successful outcome depends on:
Who’s At Fault
You must determine fault after a car accident. The at-fault driver or party pays for your injuries and losses following the crash. A combination of factors often causes car accidents. Determining the cause of the accident will also help you know who to sue after a car accident. You might have grounds for a lawsuit if the other driver was at fault.
In no-fault states, you generally cannot sue for damages unless the injuries are severe or involve significant losses. Instead, your insurance covers medical expenses and other damages. Speaking with an attorney can help you understand your rights in a no-fault state.
Examples of common causes of car accidents include:
- Distracted driving
- Speeding
- Driving under the influence of drugs or alcohol
- Reckless or aggressive driving
- Weather conditions
- Poor road conditions
- Driver fatigue
- Running red lights or stop signs
- Inexperienced or untrained drivers
- Mechanical failures
- Poor vehicle maintenance
- Tailgating or following too closely
- Inadequate signal use
- Impaired judgment or health issues
Insurance Considerations
Most car accident claims start with insurance negotiations. You usually file a claim with your insurance company or the at-fault driver’s insurance company. If the insurance company does not offer a fair settlement or liability is unclear, you may choose to file a lawsuit.
State Laws
In no-fault insurance states, your insurance policy typically covers your medical expenses and some other costs regardless of who caused the accident. However, you may sue for pain and suffering or serious injuries if the accident meets certain criteria.
In at-fault states, if another driver is found at fault, you can typically sue them for damages, including medical costs, lost earnings, pain and suffering, and property damage.
Speak to an experienced Arkansas car accident lawyer to learn whether your state follows no-fault or at-fault insurance laws. A car accident lawyer will explain your rights under your state’s laws.
Type of Injury or Damage
You should consider the type of injury or damage that you incurred after a car accident. If you suffered an injury in the accident, you may recover compensation for medical bills, pain and suffering, lost earnings, and long-term care needs. You can also sue for damage to your vehicle and any personal property.
An attorney can help recover your economic or non-economic losses. Economic damages include the tangible losses from an accident, while non-economic damages include the intangible losses that an accident victim might face, like pain and suffering.
Punitive damages might be available in your state. Punitive damages are not meant to compensate the victim. Courts award these damages to punish the defendant for their extremely outrageous behavior. Discuss the potential availability of punitive damages with an attorney if you decide to file a lawsuit after a car accident.
Time Limits
Every state has a statute of limitations or time limit on when you can file a lawsuit. Time limits vary by state. Consult an Arkansas car accident lawyer to ensure you do not miss the statute of limitations.
In the case of a car accident, the statute of limitations will depend on the type of claim you are making and the state where the accident happened.
The statute of limitations for seeking compensation for personal injuries usually ranges between one to three years from the date of the accident. You must file a lawsuit within that timeframe to seek compensation for injuries like whiplash, broken bones, or more severe injuries.
The statute of limitations for seeking compensation for property damage usually ranges from two to six years from the date of the accident, depending on your state. Consult an attorney to understand your time to recover compensation.
Wrongful death is another potential claim after a car accident. If the car crash results in a fatality, family members or the estate can file a wrongful death claim.
Wrongful death laws vary widely from state to state, so consulting an experienced attorney is the best way to know your rights after losing a loved one in a car accident.
Common Injuries After Car Accidents
Car accidents can leave victims suffering from many different types of injuries. You might be entitled to recover for the losses you sustained in an accident by filing a lawsuit.
Here are some common injuries that victims face after an accident:
- Whiplash
- Head injuries
- Facial injuries
- Spinal cord injuries
- Chest injuries
- Abdominal injuries
- Broken bones
- Knee and leg injuries
- Pelvic injuries
- Soft tissue injuries
- Psychological injuries
- Burns
- Lacerations and cuts
- Leg or foot injuries
- Airbag injuries
Injuries from car accidents can range from minor to severe. Some injuries are not perceptible immediately. Certain injuries, like internal bleeding, can worsen over time. Early intervention can prevent further complications. Seek immediate medical attention for your physical well-being and complete your treatment plan to protect your legal claim.
Common Issues In Car Accident Lawsuits
Car accidents can lead to a wide range of immediate and long-term issues. These problems can affect the individuals involved, their families, insurance companies, and even society at large. Here are some common issues that arise after a car accident:
Child or Elderly Passenger Injuries
Young people and the elderly might face a higher risk of more significant injuries after a car accident. People in these age groups are more physically vulnerable than teenagers and adults.
Because of the seriousness of these injuries, car accident lawsuits involving young children or older adults might face challenges in the legal system or with insurance procedures. Young people and the elderly might face long-term impacts of an injury or the need for specialized medical care.
Unclear Evidence or Witness Testimony
Having witness testimony can benefit your claim, but having unclear witness testimony can cause trouble. Eyewitness testimony can be conflicting or unreliable, which makes it difficult to establish a clear account of what happened, further complicating liability determination.
Sometimes, there is insufficient evidence to determine who is at fault. It can result in delays or difficulties in filing insurance claims or lawsuits.
Traffic Congestion and Delays
Traffic congestion can cause a car accident that might require filing a lawsuit to recover compensation for damages.
Car accidents can cause significant traffic congestion, especially in busy areas or on highways. It delays emergency response times and can affect other drivers, leading to secondary accidents or road rage incidents. Major accidents may sometimes require road closures or detours, disrupting traffic flow and leading to further delays.
Property Damage
Some accidents include non-vehicle property damage. In some accidents, other property may be damaged, such as fences, buildings, or street signs. It can create complications in the claims process, especially if the accident involves public property or anyone disputes liability.
The crash may damage items inside the car, such as electronics, clothing, or personal items, and the parties may dispute compensation for these damages.
Legal Challenges
You might face significant legal challenges after a car accident. The victim may need to pursue legal action if insurance settlements won’t pay what you deserve.
Every state has a statute of limitations, the timeframe within which plaintiffs must file a lawsuit. Missing the deadline can result in losing the right to sue for damages.
Statutes of limitations vary from state to state. Consult an attorney to learn more about the timeline to protect your legal right to file a lawsuit after a car accident.
Emotional and Psychological Impact
Serious accidents can cause significant emotional and psychological impact. Car accidents can lead to emotional distress, such as anxiety, depression, or PTSD, especially if the accident was severe, involved fatalities, or was witnessed by loved ones.
Victims of car accidents may develop a fear of driving, sometimes making it difficult to return to normal life or commute. It can lead to social isolation or the need for therapy.
Serious injuries can prevent people from participating in activities they once enjoyed, leading to emotional distress and a reduced quality of life.
Vehicle Damage
Car accident victims can recover compensation for their vehicle damage. Some damages may not immediately appear but can affect the car’s functionality and safety.
Repairing your vehicle can cost you time and money. If the crash totals your car, you may face difficulties in getting fair compensation from insurance companies for the value of your car. You may need a rental car until you can repair yours.
Injuries and Medical Complications
Car accident victims might face serious injuries and medical complications. Some injuries, like whiplash or concussions, may not show symptoms immediately. This can make it harder to assess the severity of injuries right after the accident and complicate the claims process.
Certain injuries, such as back neck problems, brain trauma, or internal organ damage, may lead to chronic pain or long-term disability, affecting quality of life and resulting in ongoing medical costs.
Medical costs can quickly accumulate after a car accident, especially if there are serious injuries. It can put a significant financial burden on the victim, especially if insurance does not cover all the expenses.
Insurance Complications
You might face insurance complications from the opposing insurance company while pursuing compensation. After an accident, the at-fault driver’s insurance or the victim’s insurance company may deny or dispute claims, which can delay the settlement process and cause financial stress for the injured party.
If the responsible driver has insufficient or no insurance, it can be difficult for the injured party to recover damages. This issue is more common in areas where drivers are not required to have insurance.
Insurance companies often set limits on how much they will pay for damages. If your injuries or property damage exceed these limits, you may ask for additional compensation through other means.
Issues Determining Fault
Determining fault after a car accident is vital to the success of your car accident lawsuit. In some cases, both drivers may blame each other, or multiple contributing factors may make it difficult for insurance companies and courts to assign liability.
An attorney can combat any underhanded tactics that insurance companies might use to shift the blame from their insured to you to avoid paying your claim. Contact a lawyer immediately after a crash to protect your right to file a lawsuit for compensation.
What Compensation Is Available After a Car Accident?
There is compensation available after a car accident for various damages. If you choose to file a lawsuit after a car crash, you can recover economic, non-economic, and potentially punitive damages.
Economic damages are physical and tangible losses that car accident victims might face, like current and future medical expenses, lost income, lost capacity, property damages, etc.
Non-economic losses include intangible losses that victims might face, including pain and suffering, mental and emotional trauma, and other non-obvious losses caused by a car crash.
Punitive damages are not meant to compensate the victim and are not always available. Discuss the potential availability of a punitive damages award with your attorney.
Contact a Car Accident Lawyer Today
If you have suffered an injury in a car accident and want to seek compensation, contact a lawyer today. Do not delay. Speak to an experienced Arkansas car accident lawyer to protect your legal right to recover from your physical and financial losses.