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If you have been involved in an auto accident, consider filing a car accident lawsuit. Before you do, we recommend you familiarize yourself with and understand your rights, the timelines, and the legal requirements for such lawsuits. This ensures you receive fair and total compensation for all your losses, including property and personal damages.
What Is the Deadline for Filing an Auto Accident Lawsuit?
Your state has deadlines and laws for filing lawsuits after a crash; every state has unique laws. This is the statute of limitation and the maximum timeline for how long you can wait to start the process. The time frame is usually between one and six years, depending on the state’s laws.
However, there is a significant difference between the deadline for filing a lawsuit and a claim with the insurance company. “The time frame to file a claim with your or the at-fault driver’s insurance company depends on their policies. Most require you to file the claim within a reasonable period, so you should check with your insurance company to be certain,” says injury attorney Robert James.
Knowing Whether or Not to File an Auto Accident Lawsuit
Most auto accident lawsuits get resolved before the case gets to the filing stage. You would typically get to settle the claim before filing the lawsuit. This can be good as you will avoid high legal fees, stress, and wasting time pursuing a trial you may lose. However, sometimes you will have to take the case to trial. For example, if there are disputes about key evidence or the at-fault party refuses to take responsibility. Taking things to court may be your best bet to get the best compensation. Whether you want to settle or file a lawsuit, working with an attorney is always a good idea. They can help you evaluate your case and negotiate your best deal.
What Are You Likely to Recover as Damages?
The potential car accident lawsuit damages you can recover include medical expenses, lost wages, disfigurement, permanent disability, and property damages. They also include damages for mental anguish, loss of companionship or affection from a partner or spouse, and loss of earning potential. You can also recover punitive damages from negligent behavior like distracted or intoxicated driving.
How Long Will the Case Last Before It Is Settled?
How long this case lasts depends on many things, including the other side’s willingness to resolve things quickly. Generally, auto accident lawsuits can take months to years from beginning to resolution. To start the case, the party initiating the lawsuit files a complaint in court, to which the defendant answers.
The next stage is discovery, where both sides exchange information and evidence regarding their defenses and claims. Next is deposition, which aims to obtain information about the crash. After this, settlement talks will enter, usually when one side has learned or revealed important information that could decide the case. If the lawsuit is unresolved, the next stop is a trial.
Conclusion
As the victim of an auto accident, you have legal rights to claim compensation for damages. With the many laws and policies involved in this, it is essential that you fully understand your rights. You will also want the legal advice of an experienced attorney if you want the best deal possible.
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