You may need to file a lawsuit after a serious car accident if the insurance company will not offer a fair settlement.
But many car accident cases settle without ever going to court.
Whether you need to sue depends on how badly you were hurt, how much insurance is available, and whether the insurance company is willing to pay a fair amount.
When You May Need to File a Lawsuit
A lawsuit may be necessary when you suffered serious injuries and the insurance company refuses to make a reasonable offer.
This may include a crash that led to:
- Surgery or a hospital stay
- Months of physical therapy
- A long time away from work
- Ongoing medical care
- A permanent injury
The more serious your injuries are, the more important it is to understand what you may need in the future before accepting a settlement.
Can Your Case Settle Without Going to Court?
Yes. Many car accident cases are settled directly with the insurance company.
If the insurance company offers an amount that fairly covers your medical bills, missed work, future care, and how the crash has affected your life, filing a lawsuit may not be necessary.
The goal is not to sue just to sue. The goal is to choose the option that actually helps you and your family move forward.
How Much Insurance Is Available?
Before filing a lawsuit, your lawyer also needs to find out how much insurance is available.
Winning a case does not always mean there will be enough insurance to pay the full amount.
Your own uninsured or underinsured motorist coverage may also help if the driver who caused the crash does not have enough insurance.
What If Your Injuries Are Minor?
Not every accident needs to turn into a lawsuit.
If you recover quickly and the insurance company makes a fair offer, your case may be settled without spending the extra time involved in going to court.
Talk With Us Before You Accept a Settlement
Once you accept a settlement and sign the release, you usually cannot ask for more money later.
If you were seriously injured in Washington, D.C., Maryland, or Virginia, talk with us before you accept an offer from the insurance company.
Call us at 202-393-3320 or talk with us before you accept a settlement.
Watch Attorney Frank Kearney Explain When a Lawsuit May Be Necessary
Attorney Frank Kearney explains when a serious car accident case may need to go to court and why many cases can still be settled without filing a lawsuit.
Related Resources
If You Were Seriously Injured in a Car Accident, Get Help Now
How Long Does a Car Accident Case Take in DC, Maryland, and Virginia?