How much can someone sue for a car accident?

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Car accidents are stressful, and car accident lawsuits are even more stressful. The good news is that most of the time, settling compensation for car accident damage doesn’t turn into a lawsuit. Here’s everything you need to know about how much someone can sue for after a car accident.

Insurance Comes Before a Lawsuit

In the average car accident, both drivers have insurance coverage. One driver is identified as responsible for the accident, and their insurance policy covers the damages done to the other driver.

A car accident lawyer can always help increase the amount of money someone receives through insurance, but in most car accident cases, insurance kicks in without a problem. However, sometimes there are issues.

If vehicle damage or injuries were severe, an insurance company might not be willing to pay the full amount the injured driver is seeking. Sometimes the at-fault driver doesn’t have insurance. It’s these more complicated cases that usually lead to lawsuits.

When Can Someone Sue over a Car Accident?

Most of the time, everyone involved in a car accident wants to avoid a lawsuit. Even when someone threatens a lawsuit in a moment of anger, the reality is that suing someone is expensive and time-consuming.

It’s usually faster and more effective for a lawyer to negotiate a settlement with the insurance company. Only a small number of car accident cases actually go to court.

A personal injury lawyer usually only recommends filing a lawsuit when they can’t get fair compensation for the person they’re representing. The most common reasons for this are if an insurance company has denied a claim or refuses to adequately settle the damages.

Case Value Should Equal the Damage

After a car accident, your case value is how much your case is worth. Usually, the amount of money the accident victim can gain is equal to how much damage the accident caused.

It’s unlikely for a fender-bender to result in a costly claim. Minor damage and minor injuries lead to lower compensation. By the same token, serious damage means a much larger amount of money is at stake.

You can’t just pick a random amount when it comes to suing over a car accident. Part of a lawyer’s job consists of totaling up all the damage to arrive at a final number.

For example, a lawyer will help to collect all medical bills and other expenses related to treating a person’s injuries from a car accident. They’ll also add up all the wages lost from missing work over the accident.

Identifying the damage’s extent can get complicated when the accident results in serious injuries, like a traumatic brain injury or a spinal injury. These injuries affect a person’s health and ability to earn income for the rest of their life.

When it comes to car accident lawsuits, the general rule is the more serious the damage, the higher the possible compensation — most of the time, a lawyer can fight for that outcome without needing to sue.  Try our accident settlement calculator to see what your case might be worth.

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Sarah Harris

Sarah Harris Edwards is a law firm blogger and owner of Write Collective. Many well known lawyers partner with Sarah to publish helpful content online. She graduated from Emerson College in 2004 with a B.S. in Speech with an emphasis in marketing and public relations.

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