You can get in a car accident at any time, even if you feel that you’re a very safe driver. That’s because, no matter whether you drive defensively or obey all traffic laws, you can’t control what the driver next to you might do. That is an unfortunate truth about motorists. Even if you’re on a bike or walking, a driver might hit you if you are unlucky.
You should understand types of compensatory damages after a car accident if you sue someone who hit you or your vehicle. A lawyer can help you with that. You can approach an attorney after a car wreck and talk to them about possibly bringing a lawsuit if you think it is worth it.
However, how can you know whether it is worth it to sue someone after a car wreck or not? Maybe you want to, but there’s quite a bit of hassle that goes into such a process. You have to think about the time and effort that you must put into a lawsuit if you feel that’s the best path forward.
Let’s talk about how you can tell if you should sue someone following a car wreck.
Would You Consider This a Minor Accident?
Let’s say you’re driving, and a car taps your rear fender from behind. Maybe the other driver didn’t pay close attention. Perhaps they changed the radio station or looked at their smartphone if they got a text message, and they made a little incidental contact.
If so, maybe they get out and apologize profusely. If you look at the rear bumper, though, you can see a little damage.
If the other driver stays at the scene with you, and the police make out an accident report, then in the aftermath, you can think about suing the other driver. In that situation, though, it’s probably not necessary.
Assuming your insurance or the other driver’s insurance will cover the damage, you can probably take the vehicle to an auto body shop, and a mechanic can hammer out the dent quickly. If so, it’s likely not worth suing the other driver, particularly if you sustained no physical injuries at all.
Will Your Insurance or Their Insurance Cover All of the Damages?
Maybe you have a situation where another driver hit you, but this time, they made significant contact. You do not have physical injuries, but the wreck badly damaged your car.
You need to look at whether your insurance or the other driver’s insurance will cover all of the damage. If you’re in a so-called no-fault state, then your insurance should cover it. If you’re in an at-fault state, and the other driver clearly caused the wreck, then their insurance should cover it.
If neither insurance policy will cover all of the damage, though, then you should probably sue the other driver. Otherwise, you will probably have to cover some of the cost of repairing or replacing the car. You shouldn’t have that burden if you did nothing wrong.
Will Your Life Get Back to Normal Following the Crash?
You might look at whether your life will ever get completely back to normal, or what you’d consider normal, after the accident. Maybe another driver hit you and badly damaged your car, and they hurt you as well. If you sustained only a minor injury, you likely won’t feel that you have to sue the other driver.
However, maybe the crash hurt you very badly. You can never go back to the job you once held. Maybe you can accept some other position in the same industry, but perhaps you loved your former job, and now, you must move into another phase of your career.
Perhaps the crash injured a limb so badly that the doctor had to amputate it. Maybe you can’t have physical intimacy with your spouse anymore. Perhaps you can’t play football in the park with your friends, go on a bike ride, or go for a jog around the neighborhood.
If you will eventually recover, then that’s one thing, but if you can never get back to your normalcy, and your life will look very different from this point forward, then that probably means you should sue the other driver.
Did the Other Driver Do Something Really Egregious?
Maybe the other driver damaged your car, and you also sustained some physical injuries. Perhaps you will recover eventually, or maybe you can’t. Either way, though, you and your personal injury lawyer agree that the other driver did something really egregious.
Maybe they drank a whole bottle of tequila before driving. Perhaps they did some illegal drugs before they got behind the wheel. Maybe they exceeded the speed limit by forty miles per hour and plowed into your vehicle.
If so, you can point to those factors at trial, and you should probably sue. It’s almost certain you’ll win your case if you and your attorney can establish that this person acted incredibly recklessly.
The court system usually calls this depraved indifference. If you can prove it, you should get a major cash settlement or a jury’s decision in your favor.
You Can Ask a Lawyer for Their Opinion
If you’re not sure about whether you should sue the other driver or not following a car wreck, then you can always talk to a personal injury lawyer about it. You can set up a consultation, which should not cost you anything.
During this meeting, you can tell the lawyer about what happened. They will probably ask some questions to try and determine whether you have a viable case or not.
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You can probably trust their opinion, especially if they have handled these kinds of cases many times in the past. If you don’t like what they have to say, you can always get a second opinion. Usually, though, you can trust a car wreck lawyer if they say you should or shouldn’t sue.
