Can I Sue Someone for a Car Accident?

January 18th, 2019 by Guajardo & Marks, LLP

Car accident injuries are common in America, with tens of thousands of people hurt and killed every year. In many accident cases, you may file an auto insurance claim with the other driver’s insurer. But settlement negotiations can be difficult. You and your personal injury attorney may find that you cannot settle the claim for a decent amount. If that is the case, you may need to sue someone for a car accident and your injuries.

Why Sue Someone For a Car Accident?

The major reason for car accident injury lawsuits is simple: money. Money to help cover any injuries you or your property suffered. If your attorney says your injury case is worth a lot more than what the insurance company offers, then you can and should sue the responsible driver for the accident.

But how big should the gap be between the two parties before filing suit makes sense? This is when it is key to remember that an auto accident claim does not have an exact value. Rather, it has a broad range of values.

This is because much of the value of an auto accident claim lies in your pain and suffering. This is not a precise calculation, unlike the calculation for medical costs and lost wages.

So your claim may not be worth $100,000. Rather. It is more precise to say that the case could be worth $100,000 to $200,000.

When You Should Sue

If you and your attorney value the accident case at $40,000 to $60,000, and the final offer from the insurance company is $53,000, you might take the money and settle. That’s an easy call. If they offer $39,000, you still might consider taking the settlement. But if their final offer is a mere $15,000, you should probably sue.

Now, let’s look at a tougher example. Say the final offer from the insurance company is $30,000. In this situation, you may want to sue. But remember, if you do so, you may not be able to get into settlement negotiations again for a long time. Once the case is being prosecuted, there will be discovery and pretrial investigation. The insurance company probably will not want to talk about settlement until their lawyers have finished their investigation.

Also note that, as the weeks roll by, your attorney’s expenses add up. It could be that a later settlement will not give you much more money in your pocket.

In summary, you can always sue someone for a car accident. But you should work with an experienced Dallas car accident injury attorney to decide if it is better to settle or sue.

Were You Injured in a Car Accident? Talk to Attorneys Guajardo & Marks.

Some car accidents cause serious personal injuries, including broken bones, head trauma, brain damage, internal injuries and emotional trauma. If you are hurt in a car accident caused by another party, talk to Guajardo & Marks today. We may be able to assist you with compensation in a personal injury lawsuit. Call now.