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3 Things to Know About the Car Accident Lawsuit Process

Insurance adjuster wearing a suit at the scene of a car accident, taking notes on a clipboard in front of lush greenery

Getting injured in a car accident that is not your fault can be very frustrating and painful. The last thing you want is to be left with mounting medical bills and a car that is no longer driveable.

Luckily, if you’re injured in a car accident through no fault of your own, you may be able to recover compensation to help you pay for the damages you incurred due to the crash.

Here are three things you should know about the car accident lawsuit process:

#1 - Every case is different.

Without knowing the details of your case, it is difficult to estimate how much money you can recover from a car accident lawsuit for several reasons.

First, the amount of money you receive from the lawsuit will largely depend on how severe your injuries are. If you have mild injuries that can heal on their own, you likely won’t be able to recover as much compensation as you would if you had suffered severe injuries, such as a traumatic brain injury or an amputation.

Second, the amount of money you can recover will also depend on how long you are incapacitated due to your injuries. For instance, if you are unable to work for two weeks due to your injuries, you won’t be able to recover as much in lost wages compared to being out of work for several months, or even years.

Third, the available insurance coverages will also help determine how much compensation you can recover. If the person who hit you doesn’t have very good insurance, this can make a difference in the amount of money available to you in a lawsuit.

Next, the amount of evidence you can produce to help prove that you weren’t at fault for the crash will help determine how much compensation you can recover. The more evidence you have that the other driver caused the crash, the better your chances will be of obtaining adequate compensation for your damages.

#2 - Your case can take anywhere from a few months to a few years to conclude.

While most cases settle outside of court, some of the more nuanced cases may eventually go to trial. Since every car accident is distinct, every car crash lawsuit will also be unique. Your circumstances will determine how long your case will take to conclude.

The factors that this timeline will depend on include:

  • The extent of your medical care
  • How well the involved insurance companies cooperate
  • Whether or not your case goes to trial

#3 - The circumstances of your case will dictate which damages you may recover.

There are several types of damages that can be recovered in a car accident lawsuit, such as:

  • Medical expenses related to your injuries from the crash
  • Wages you lose as a result of your injuries
  • Lost future wages due to injuries that left you partially or completely disabled
  • Physical and emotional pain and suffering
  • Property damage to cover repairing or replacing your vehicle

Not every case will warrant all types of damages, so it’s important to speak with a skilled car accident attorney who can help determine which damages you may be able to recover.

Having the right attorney on your side can make all the difference in the outcome of your case. Our team has over 150 years of combined experience, which makes us well-equipped to handle your case.

If you or a loved one have been injured in an accident, our lawyers at Whiting Hagg & Dorsey, LLP may be able to help you receive the settlement you deserve. Give us a call at (605) 519-6136 or fill out an online contact form.