2024 Guide to Car Accident Lawsuits

Did you know that over 42,000 individuals died in fatal car accidents in 2022? Even if a car accident isn’t fatal, it can result in severe physical, mental, and financial damages.

If you or a loved one is in a car accident and suffers damages, you can sue the other driver for compensation.

While many car accident lawsuits are settled outside court, some go to trial. Our seasoned lawyers at Amicus Legal Group can help you understand your options and get the compensation you deserve.

It’s important to understand the rules regarding car accident lawsuits and know when to file one. Rules and procedures differ by state, so it’s helpful to know the ones that apply in your state.

Car Accident Lawsuit vs. Settlement

Suppose you were in a car accident, and your car got damaged, and you were injured. You may be entitled to compensation from the driver who was part of the accident or their insurance provider.

You can get compensation for your injuries and damages in two ways. First, you can sue the other driver in the accident and ask the court to award you compensation.

Or, you can negotiate a settlement with the driver or their insurance provider and avoid going to court.

In both cases, you’ll need the help of a professional car accident lawyer who is knowledgeable about state laws and has experience dealing with such cases.

In car accident settlements, you and your lawyer may be able to negotiate the settlement with the at-fault driver’s insurance company.

Settlements can help you avoid the time and hassle of going to court. Insurers also prefer to settle most disputes outside court to avoid paying legal fees and unexpectedly large compensation.

It’s only advisable to accept a settlement if the compensation is fair. Once you’ve agreed to a settlement, you can’t go to court. Don’t sign a settlement without consulting with a lawyer.

Car Accident Damages That Can Be Recovered with a Lawsuit

The nature and extent of damages from a car accident can vary on a case-by-case basis. Here are the different types of damages you can get compensation for in a car accident lawsuit:

Medical expenses
Permanent disability
Disfigurement
Pain and suffering
Vehicle/property damage
Lost wages
Loss of earning potential
Punitive damages for negligent behavior (e.g. driving under the influence)

Your lawyer can advise you on what damages you can seek compensation for based on the facts of your case. Again, the rules of the state you’re in will also play a part in determining which damages to claim and how much compensation to seek for them.

Fault in Car Accidents

In car accidents, the rules regarding the fault of the drivers involved in the accident play a pivotal role in how much compensation one can claim and who pays for it.

While most states are fault states, some are no-fault states. In these states, drivers are supposed to have personal injury protection (PIP) insurance. For minor injuries in car accidents, the driver must claim compensation from their PIP insurance provider. Car accident lawsuits can only be filed for serious or fatal injuries.

Fault in Car Accidents in California

California is among the majority of states that are fault states. This means that a car crash victim can claim compensation from the negligent driver who was at fault. This includes compensation for minor and major damages, and no PIP insurance is needed.

As a fault state, California uses pure negligence rules. According to California car accident law, victims can claim damages even if they share the fault. In such a case, the compensation will be according to their percentage of fault.

For instance, if a court determines that the driver suing for damages is 50% at fault, they would still be able to get 50% of the damages compensated.

Car Accident Lawsuit Steps

Here’s the general step-by-step process of car accident lawsuits:

Initial Investigation and Damage Inspection

Your lawyer will start by investigating the facts of the case to determine the type of damages and amount of compensation to claim from the driver or their insurance company.

They may collect and analyze police reports, medical records, witness accounts, and other evidence related to your case. They may also look for surveillance videos at the accident site.

Based on the evidence they’ve collected, they’ll start preparing the case according to the applicable laws.

Demand Letter and Settlement Negotiations

Based on their findings, the lawyers draft a demand letter for the at-fault driver’s insurance provider.

This letter includes the facts of the case and argues for the victim’s right to full or partial compensation for the damages they’ve suffered.

Once the insurance company receives the demand letter, it will start negotiating.

Insurance companies are likely to settle cases outside of court, as the Bureau of Justice reports that most personal injury cases are settled out of court.

If you and your lawyer determine that the settlement is unfair, you can negotiate and tell them that you’re ready to go to trial if a fair settlement isn’t offered.

Filing Lawsuit

If a settlement isn’t reached, your lawyer will file a lawsuit in court to receive compensation from the insurance company. This typically occurs if there are disputes about the liability for the accident (who is at fault) or the insurance company challenges the severity of damages.

Once the lawsuit is filed, your lawyer has 30 to 60 days to serve the at-fault party. Then, they have 30 days to answer.

Discovery

This is the lawsuit phase, during which the two parties (plaintiff and defendant) seek more information about the case through interrogations, written statements, depositions, or even medical examinations.

The discovery process can be time-consuming and may vary by the facts of the case or the number of witnesses.

Your lawyer will use this time to collect even more evidence and strengthen the case.

During the discovery period, negotiations for settlements may continue. In certain cases, the judge may order mediation, a type of resolution.

In mediation, a third party will review the case and help the parties reach a settlement.

Trial

If the parties don’t settle, the case goes to trial. Of course, depending on the complexity of the case or the number of witnesses, the trial can be lengthy.

A trial will start with opening statements from your lawyer and then the defendants. During the trial, the lawyers will present evidence and conduct direct and cross-examination (ask questions) from witnesses.

A judge or jury will decide at the end of the trial. If you win the trial, the amount you’re awarded will be disbursed in 30 days.

Statute of Limitations for Car Accident Lawsuits

The statute of limitations for car accident compensation varies by state. In California, there’s a two-year statute of limitations on car accident lawsuits.

In other words, you have two years from the time of the car accident to file a lawsuit in court and claim compensation.

If you fail to file a case within two years, you’re no longer legally entitled to compensation for your injuries or damages.

Car Accident Compensation

The compensation amount you claim depends on the individual facts of the case. It depends on the type and severity of injuries. It also depends on the level of fault or whether the other party is disputing your claims.

Generally, the more injuries or damage you’ve incurred, the higher your settlement will be.

For instance, if your injuries result in your inability to work and your need for long-term medical care, you’ll be entitled to higher compensation commensurate with the pay you lost and the expenses on long-term care.

It’s important to take into account any anticipated costs that you may have to bear later as a result of the damages.

Your lawyer can work with you to come up with a number that’s fair compensation.

Hire the Best Car Accident Lawyer

If you want to get a fair settlement or compensation for the damages you’ve suffered in a car accident, you’ll need the help of an expert.

At Amicus Legal Group, you can find the best car accident lawyers in Rancho Cucamonga, California.

Our expert attorneys have handled many car accident settlements and lawsuits. We provide free initial consultations and advice, so contact us!

FAQs

How much to expect from a car accident settlement in California?

The settlement in a car accident case in California depends on the extent of damages to the vehicle and the driver or passengers.

As California is a fault state, the amount may also depend on whether you share the fault.

The settlement amount also varies by accident type. Depending on the injuries, the settlement for a head-on collision can range from $25,000 to $150,000. A rear-end hit may result in a smaller settlement, usually from $10,000 to $50,000.

How do you calculate the settlement amount for a car accident claim?

To calculate the settlement claim for a car accident, you should consider medical expenses, any future medical expenses, lost wages and future loss wages.

An attorney can best guide you in calculating a fair settlement amount for car accident damages.