Motor vehicle accidents can be a stressful and frustrating experience, especially if you were not at fault for the crash. The United States is among the busiest countries in terms of road traffic, with almost 284 million vehicles in operation in 2021. The high number of cars on the road is the reason for more road accidents in the country.
If you’ve been in an accident that caused serious injury or damage to your vehicle, then you must understand what options are available to you. One option is to file an auto accident lawsuit against the other driver who caused the crash.
Here’s what you need to know about filing an auto accident lawsuit:
Don’t Ignore the Symptoms
As per the Association For Safe International Road Travel, approx 1.35 million people die every year in a road crash. In The United States, the number of road accident fatalities is 46,000 per year.
Additionally, 20 to 50 million suffer non-fatal injuries on the road, which often result in long-term disabilities. In the United States, the road injury figure is 4.4 million per annum.
It may seem like common sense to you, but it can’t be said enough: do not ignore the symptoms of an auto accident. If you are in a collision, see your doctor as soon as possible and follow their advice.
Symptoms may not appear right away and you could be causing further damage to your body if you don’t seek treatment. You will likely need to see a doctor or chiropractor for evaluation and treatment after an accident is reported to the police or insurance companies (if applicable).
Start Tracking the Details
When you are in a car accident, it’s important to get as much information about the other driver as possible. This includes:
- The date and time of the accident
- The location of the accident (street name, intersection, city)
- The name, address and phone number of the other driver
- The name, address and phone number of any witnesses to the accident
When to File a Lawsuit
There are several reasons why someone would choose to file a lawsuit after an auto accident. One of the most common is that the injuries sustained will require ongoing medical treatment, such as physical therapy and pain medication. Other times it may be necessary for surgery on the injured area, which can be very expensive.
Another reason to consider filing a lawsuit is if you were severely injured and were left with permanent injuries that affect your ability to work and make money. Injuries like broken bones, spinal cord damage, brain damage or paralysis can all have long-term consequences. This can mean taking years off from work while they recover fully from their injuries.
Victims must understand this point when considering whether or not filing an auto accident claim makes sense for them financially since many people underestimate how much time off work might cost them in lost income opportunities over time.
Timeline For Filing A Lawsuit
Every state in America has different deadlines to initiate a legal proceeding following an auto accident known as the statute of limitations (SOL). This is the maximum timeline for the parties involved to go to court and start the lawsuit process.
The timeline to file a lawsuit depends on the state’s laws. SOL in states like California, Kentucky, and Louisiana is one year, while for most other states it is two years.
On the other end, the SOL for Missouri is five years, which is more generous than most states in America. So, if you get into an accident in Missouri and find a St. Louis Auto Accident Lawyer, you get more time to file your lawsuit than in all other places.
You Can Never Be Too Prepared for a Lawsuit
Keep in mind that it’s necessary to prove your case by keeping a journal of what happened before, during, and after the car accident. It’s also important to get medical treatment right away after an accident so that health issues resulting from injuries sustained in an automobile crash can be addressed promptly.
The injuries will also be documented by professionals who are trained professionals in their field so that they can be used later on if need be when filing suit against someone responsible for causing harm.
Auto accident victims are entitled to compensation for their medical bills, property damage, wages lost, and any other pain or suffering they might have sustained. Finally, make sure all paperwork relating directly to anyone else involved such as doctors/nurses, is adequately documented.
As you can see, there are a lot of things to keep track of when filing an auto accident lawsuit. It can be downright overwhelming at times. The good news is that we’ve compiled all the information you need here in one place and made it easy for anyone to understand.
If you want more information about how to file a personal injury claim, we recommend contacting an attorney who has experience dealing with these types of cases. We hope this article helped answer any questions you may have had about how exactly filing an auto insurance claim works.