Reasons to File a Car Accident Lawsuit
After a car accident, filing a lawsuit might not be your first thought—but depending on how the case unfolds, it may become necessary. A lawsuit could be the only path to compensation for medical expenses, car repairs, lost wages, and even non-economic damages like pain and suffering.
Most personal injury claims are settled before reaching court. However, if negotiations stall, the help of an experienced personal injury attorney becomes essential—not only to help you avoid a lawsuit where possible, but also to guide you through the process if one becomes necessary.
When You May Need to File a Car Accident Lawsuit
Car accident lawsuits are typically a last resort, but certain situations make them unavoidable. Regardless of where your case ends up, hiring skilled car accident attorneys early in the process gives you the best chance for a favorable outcome.
1. The Settlement Offer Is Too Low
During negotiations, your attorney will build a demand package with evidence of the other party’s fault, plus documentation of your medical costs, car repairs, and other expenses. This package is sent to the at-fault driver’s insurance company.
In many cases, insurers will agree to the requested amount. But if they counter with a low offer and refuse to budge, a lawsuit may be the only way to secure fair compensation.
2. The Insurance Company Rejects Your Settlement Request
Sometimes insurers won’t negotiate at all. Instead of making a counter-offer, they may reject your demand outright. In these cases, filing a lawsuit becomes necessary to pursue the compensation you’re entitled to.
What Happens After You File a Car Accident Lawsuit?
Once a lawsuit is filed, several legal stages follow:
● Discovery Phase
Both sides exchange evidence and investigate each other’s claims to build their case.
● Mediation
A neutral third party helps facilitate a potential settlement. Many cases are resolved during mediation.
● Trial (Rare)
If mediation fails, the case proceeds to trial. While possible, trials are rare in personal injury cases, as most are settled beforehand.
The Role of a Personal Injury Attorney
A qualified attorney plays a crucial role in your success, whether you settle early or take your case to court. They will:
- Compile and present a strong demand package
- Handle all negotiations with the insurance company
- File a lawsuit if necessary
- Represent your best interests at every stage of the legal process
Don’t face a car accident lawsuit alone—an experienced personal injury attorney maximizes your chances of fair compensation and legal success.