Can I file a lawsuit after a traffic accident? Know your options


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file a lawsuit after a traffic accident

Being in a car accident can be a traumatic experience, especially if you have been injured. You may be asking yourself, “Can I lawsuit after a traffic accident?”.

You may also wonder whether you can take legal action and, if so, how much can someone sue for a car accident? Consider carefully these important facets when deciding if legal action could reasonably address harms from an unintended event.


Several qualities help establish whether redress for injuries of a vehicle collision might be plausible. Chiefly, responsibility and who contributed to the happening demands scrutiny. Proof must potentially exist showing another operator acted carelessly and instigated the unintended event.

Gathering evidence is crucial to proving fault. Resources are available on how to obtain the police report of the car accident, obtain eyewitness statements, take photos of the damage to the car, and obtain data from the vehicle’s black box.

Gathering this evidence can help prove the other driver’s liability. An experienced auto accident attorney, such as those at Avrek Law, knows how to effectively review and present this evidence.

How you can lawsuit after a traffic accident

The severity of your injuries also affects the maintainability of a claim. Permanent disabilities, lost wages, high medical bills and damages for pain and suffering could justify a claim for compensation. Although injuries that heal quickly are less likely to warrant a lawsuit, a successful low-impact car accident settlement can happen, but it is important to speak with an attorney who can advise whether your case warrants legal action.

lawsuit after a traffic accident
lawsuit after a traffic accident

The statute of limitations is critical, as well. These statutes establish legal deadlines for filing a claim. Ordinarily, the statute of limitations process takes one to two years though specific state laws may alter this timeline. Engaging legal counsel ensures that steps are initiated promptly to safeguard the ability to pursue compensation.

Having an attorney ensures that you start the process in time to preserve your right to sue the at-fault driver.Typically, this can be one to two years, but it will depend on your stateHaving an attorney ensures that you start the process in time to preserve your right to sue the at-fault driver.

Steps to follow when suing someone after a traffic accident

If you are still struggling with the question, “Can I lawsuit after a car accident?” we have more ways to help you get your answer. Here are the key steps to take to sue someone after an accident:

  • Seek medical attention immediately after the accident and retain all records related to the medical care sought.
  • Document evidence such as photos of vehicle damage, collection of witness information, and police reports for lawsuit after a traffic accident.
  • Consult an attorney to evaluate your right to lawsuit after a traffic accident.
  • Your lawyer will send a letter demanding damages.
  • An offer of resolution will be discussed with the insurance carrier.
  • If agreement is not found, the attorney will present a formal complaint beginning the judicial process.
  • Evidence collection, depositions and trial planning will then commence.
  • Settling within the legal system or allowing a judge or jury’s decision is determined.
  • If a settlement is not reached, the attorney will file a formal complaint that initiates the lawsuit.
  • The judicial process, which includes the presentation of evidence, depositions and trial preparation, will begin.
  • Settling in court or taking the case to trial to have a judge or jury decide the verdict

If reasonable grounds to file a claim are established, the attorney will primarily try negotiating a fair settlement agreeable to both parties outside of more lengthy court proceedings.

I hope you can find answers with this article about lawsuit after a traffic accident. Enjoy.