If you have been in a car accident, you might be wondering if you have a good case for a lawsuit. Many people are able to sue after a car accident and get restitution for their damages and their pain and suffering. However, just because other people have success in filing lawsuits doesn't mean that every situation merits legal action. Here are some things you need to know about filing a lawsuit.
1. There is a Statute of Limitations
First, you need to realize that there is only a certain amount of time that you will have to file the lawsuit. In criminal cases there is generally no limit. If someone is discovered to have committed a crime, even years later, they can still be prosecuted for it. A civil suit is different. Instead, you only have a certain amount of time where you can take legal action, after that you forfeit your rights.
In most cases you have a couple years to file the lawsuit. This doesn't mean that you can go and talk to the lawyer on the 2-year anniversary of the accident. Instead, you have to have filed it with the court before the deadline. For this reason, you should consider talking to an attorney immediately following the accident.
2. There Must Have Been Some Sort Of Fault From The Other Party
Second, it is important to realize that there has to be some sort of fault by the other party. If the accident was purely an accident, like there was ice on the road and both parties were doing everything they could to be safe, but the ice made a car slip and crash, you may not have a case. Instead, you have to be able to prove that the other person did something that endangered you.
3. Insurance Companies or The Other Party Had To Be Uncooperative
Lastly, if you have been treated fairly by the insurance company and the other party then you may not have a lawsuit. For instance, if you filed for help paying all of your expenses from the accident and the insurance company paid out, and the other party was cooperative, then there is no reason to file a lawsuit. Instead, you only file a lawsuit if you are unable to get the money you deserve in paying for medical expenses and lost property from the accident.
By understanding these things you can be more prepared to file a personal injury lawsuit.
For an auto accident attorney, contact a law office such as Morales Law.