Can I Sue After an Accident?

In the aftermath of a motor vehicle accident, you may feel unsure of the steps to take to secure compensation for your injuries and losses. The first thought that comes to mind for many accident victims is whether they will need to sue someone. Here’s how experienced car accident lawyers answer that question.

What It Means to Sue After an Accident

Let’s start with some basic concepts.

There’s often a difference between what people mean when they talk about “suing” someone after a car accident, what lawyers mean when they use that word. In everyday speech, people tend to think of suing as taking some kind of legal action against a person, demanding money as compensation for an injury or loss suffered in a crash.

For lawyers, however, suing means taking a very specific kind of legal action: namely, filing a lawsuit in a court that has jurisdiction over the parties and the subject matter of the case, alleging the existence of facts that entitle the party suing (called the plaintiff) to payment of money damages from the party being sued (called the defendant), and then taking the procedural and practical steps necessary to prove that case to a judge and, if necessary, a jury.

So, when you ask “Can I sue?”, what a lawyer hears is “Is the evidence of my accident and injuries sufficient to prove in a court of law that I am entitled to receive money damages from the party at fault for causing me harm?”. It’s a potentially complicated question with an answer that depends primarily on the particular facts of what happened to you.

In some states, the lawyer may also hear a second question that goes hand-in-hand in the first, which is “Does the law applicable to my accident allow me to file a lawsuit seeking damages for my injuries?” For example, in Florida, which is a so-called no-fault state, all drivers must carry personal injury protection (PIP) insurance coverage that pays for their own injuries and disabilities in the event of an accident, regardless of who caused the crash.

Floridians covered by PIP insurance can only sue someone else for money damages if they suffered especially severe or debilitating injuries, and only to the extent their own PIP coverage does not pay for those damages.

The Difference Between “Can I Sue?” and “Should I Sue?”

Having the ability to sue after an accident does not necessarily mean that you should sue, or that you should sue right now. Instead, a lawyer may advise you that taking alternative steps to obtain compensation for your accident-related injuries and losses makes more sense in your situation, at least as a first step. Or, a lawyer may advise you that although you may have the right to sue, it would not be in your interest to do so at all. Let’s look at both situations.

Suing Now vs. Suing Later

Suing someone, in the sense of filing a lawsuit for damages in court, takes time, effort, and expense. Part of the decision whether to sue involves evaluating whether there’s an easier, more direct, way to achieve the same result that the lawsuit seeks—payment of money—without bothering with court filings, pre-trial discovery, and a potential trial.

In many car accident cases, a potentially simpler option does exist. A lawyer representing an injured accident victim can often make a “third-party” claim seeking payment directly from the at-fault party’s auto liability insurance policy.

When it’s available, this alternative essentially amounts to taking a shortcut. In most car accident cases, the at-fault party’s insurance company is on the hook for paying for the damages the accident victims sustained. Suing the at-fault party and winning can trigger that coverage, but that takes time and money. In many cases, it’s easier to instead demand payment from the insurance company straight away. If the insurance company agrees that its policyholder caused the crash, and that the insurance policy it issued covers the damages victims suffered, then the insurance company may see the good sense in agreeing to pay the claim or, at least, to negotiate a settlement, before anyone needs to go to court.

Lawyers for accident victims will often explore the possibility of pursuing a third-party insurance claim if it can spare them and their client the effort of filing a lawsuit. It’s not always an option—sometimes, an at-fault party’s insurance company won’t take a claim seriously until a lawsuit backs it up. However, in many cases, even if the answer to “Can I sue?” is “Yes”, your lawyer may still conclude that you don’t have to sue to get the money you deserve, at least not yet.

Not Suing At All

Sometimes, you cannot sue after an accident because the law doesn’t allow it. Two common examples of this are the restrictions on lawsuits in no-fault states like Florida (as described above), or when accident victims wait too long to contact a lawyer and their rights to file a lawsuit expire under the applicable statute of limitations.

Sometimes, too, you cannot sue after an accident because you simply do not have the evidence necessary to prove your case. Lawyers for accident victims always assess the probability of winning a case and, if they conclude it is un-winnable based on the evidence, will generally advise their clients that it does not make sense to move forward.

Finally, sometimes you have the right to sue and the evidence to prove your case, but it still might not make sense to do so. Most commonly, that situation arises when the damages you suffered are so small that suing simply isn’t worth the time and effort, or when the at-fault party cannot pay (lawyers call this being “judgment-proof”).

Part of an accident lawyer’s analysis of any accident case involves assessing the probability of the injured client recovering enough money to make suing worthwhile for the client and the lawyer. Most accident lawyers work on contingency, which means their fees consist of a percentage of any money they recover for the client. If a lawyer concludes that the potential fee does not justify the effort and expense of a lawsuit, then the lawyer will usually decline to take the case.

Times When Suing After an Accident Makes Sense

We’ve covered some common situations when an accident lawyer might advise you against suing after an accident. Now let’s turn to some common scenarios in which suing makes good sense.

Suing Is The Only Way to Assert Your Rights

As we’ve explained, accident lawyers will often explore options for obtaining a favorable financial outcome for an injured client without filing a lawsuit. After all, lawyers, like their clients, have a vested interest in securing as much money as possible as quickly and efficiently as possible.

However, sometimes those alternatives or shortcuts simply aren’t available. This can happen in many scenarios. One, which we’ve already mentioned, is when the liability insurance company for the at-fault party won’t engage seriously with a third-party claim until the injured party has filed a lawsuit against the policyholder. Others include when you do not know whether the at-fault party carries insurance that covers your injuries, or when you know for certain that the party does not carry insurance.

In other words, lots of situations exist in which the only way to stake your claim to money damages for the injuries you suffered in an accident is to file a lawsuit.

You Get The Runaround or the Cold Shoulder From the At-Fault Party’s Insurance Company

Another common scenario in which it makes sense to sue is when your lawyer pursues a third-party claim for your injuries, but gets an unsatisfactory response from the at-fault party’s insurance company.

It’s no secret that insurance companies do not like paying claims. They don’t make money by letting go of it easily. That often translates into insurance companies giving accident victims who file third-party claims a hard time. They might slow-walk the claim, for example, dragging it out to take advantage of the injured victim’s dire financial circumstances. They might dispute the facts of the claim, or insist on conducting intrusive and unnecessary investigations. They might simply ignore the claim, or deny it without giving it due attention.

Suing for damages can constitute the most appropriate response to these insurance company tactics. An insurance company usually cannot ignore a lawsuit against its policyholder, so suing the at-fault party can often focus the insurance company’s attention and get your claim taken seriously.

Suing Makes a Public Statement

Sometimes, you may want to sue the at-fault party because it’s a public statement of what happened to you, and you want to call attention to it. One important function of American courts is to hold wrongdoers publicly accountable for their actions. By suing someone, you publicly accuse them of having harmed you. That accusation can serve as an end in itself, by putting others on notice of the types of actions that caused your injuries. It can put pressure on the at-fault party to settle your claim favorably.

You Don’t Have Time To Do Anything Else

As we mentioned above, a law called the statute of limitations sets an expiration date on your right to seek compensation for the harm you suffered in an accident. By and large, suing someone in a court is the way to stop the clock from running on the statute of limitations period, and to prevent your rights from expiring.

It’s not ideal, but sometimes a lawyer for an accident victim will conclude that there just isn’t enough time left in the statute of limitations period to pursue alternatives to a lawsuit. Instead, suing is the only practical option available.

How a Lawyer Can Help You Today

If you’ve read this far, you probably now realize that the answer to the question “Can I sue after an accident?” can get pretty complicated, depending on your circumstances.

No one expects you to unravel that complication on your own. In fact, it would be a mistake for you to try.

Instead, any time you find yourself wondering if you can sue after an accident, the most reliable way to answer that question is to contact an experienced accident injury lawyer. Virtually all lawyers who represent injured accident victims offer free consultations and represent their clients on contingency (which means they don’t get paid unless their clients get paid). Speaking with, and then hiring, a lawyer who can answer your questions about suing after an accident will usually not cost you a dime and may lead to a significant financial recovery for you and your family.

What can a lawyer do for you today in helping to answer your questions? Obviously, it depends a lot on the circumstances of the accident that injured you.

However, in general, a skilled, experienced lawyer can:

• Investigate what happened and who you can hold legally and financially accountable for it.
• Calculate the amount of money you have the right to receive.
• Evaluate the amount of money you have a reasonable chance of obtaining by suing, pursuing an alternative route, or both.
• Explain your options in plain English.
• Take the necessary steps to execute the strategy you decide on.
• Negotiate a settlement of your accident injury claim if possible.
• Go to court and prove your case if necessary.
• Collect the money owed to you.

Of course, lawyers can never guarantee that suing after an accident will get you results. To win a case you often need strong evidence, a skilled attorney, and an at-fault party with the financial means to pay you what you deserve.

You can increase your odds of success, however, by seeking the services of a lawyer who routinely represents clients who have suffered injuries like yours in accidents like yours, and who has a long track record of success. Contact that kind of lawyer today to begin exploring whether suing after an accident is the right option for you.