The amount someone can sue for a car accident varies widely and is dependent on numerous factors such as property damage, extent of injuries, medical expenses, and so forth. Since each car accident case is unique, there is not a fixed amount that one can expect if suing for a car accident.
Can You Sue After a Car Accident?
You can sue after a car accident and there are several reasons why you may want to do so. In most cases, the injured party may file a lawsuit to seek compensation for both economic and non-economic damages.
Suing the At-Fault Driver
- Since South Carolina operates under a fault-based system, you can sue the at-fault driver of a car accident. The at-fault party and their insurance company are generally responsible for covering the damages resulting from the accident.
- If a fair settlement cannot be reached through negotiations with the at-fault driver’s insurance company, you may decide to file a lawsuit against the driver.
Suing the Insurance Company
- If you file a claim with the at-fault driver’s insurance and the settlement is insufficient, or the insurance company disputes liability, you may want to consult with a car accident attorney and pursue a lawsuit.
- The specifics of the insurance process can vary based on local laws, the nature of the accident, and the insurance policies involved. Consulting with a personal injury attorney will give you guidance on how best to pursue your case.
What Determines How Much You Can Sue For?
It is important to consult with a personal injury attorney to assess the specific details of the case and determine a reasonable settlement for the damages. Your attorney will look at several factors including economic and non-economic damages and provide guidance on your legal options and help pursue a fair settlement.
- Economic damages are generally more straightforward to calculate and involve tangible and quantifiable financial losses. It’s important to keep a record of all accident-related expenses to support your claim.
- Economic damages can include medical bills, property damage, lost wages or loss of earning capacity, and other measurable financial losses.
- Non-economic damages in a car accident refer to subjective, non-monetary losses that a person may experience as a result of the accident. They are more abstract and often involve the emotional and psychological toll of the accident.
- Non-economic damages may include pain and suffering, emotional distress, and other subjective losses. Consulting with a car accident attorney is advisable to understand the specific rules and considerations relevant to your case.
Maximizing the Value of a Car Accident Case
Working with a car accident attorney will maximize the value of your car accident case as they will guide you through the legal process and fight for the compensation that you deserve.
Negotiating with the Insurance Company
- Insurance companies will conduct their own investigations to determine liability and assess the extent of damages. Having an attorney act as your liaison with the insurance company will help protect your rights and reach a fair settlement.
- Presenting a strong case in negotiations will also help maximize your compensation.
How a Car Accident Attorney Can Help
- Consulting with a personal injury attorney is advisable to navigate the legal complexities and ensure that your rights are protected throughout the process.
- A car accident attorney will enhance the value of your case as they will be able to assess the damages and fight for the compensation you deserve.
- Having legal representation also helps alleviate stress as they can deal with insurance companies and gather information on your behalf. If you are dealing with significant injuries, having an attorney working for and with you will allow you the chance to focus on healing and recuperating.
Settling vs. Going to Court
- The decision to settle or go to court in a car accident case depends on various factors and should be carefully considered based on the specific circumstances of the case. This decision should be made in consultation with a personal injury attorney who can help you make an informed decision based on your best interests and the unique circumstances of your situation.
As there are many components in a car accident case, it is always best to consult with a car accident attorney to ensure you are taking the right steps in order to receive the compensation you deserve. If you have been injured or involved in a car accident, contact the Philpot Law Firm today to schedule your free consultation with one of our personal injury attorneys.