Considerations When Filing A Car Accident Lawsuit

If you have recently been in a car accident and wish to file a lawsuit against the offending party, then there are a couple of things that you should know before proceeding. You can later decide if you want to hire an attorney, but for now, you should at least acquaint yourself with the basics of the process. In particular, you should take a look at laws that are specific to your state, since those can help guide your lawsuit, both in getting a rough idea of what kind of compensation you should pursue and creating a timeline for your filing process.

Damage Restrictions

First of all, you should know that there are some limitations on how much money you can actually pursue. The laws vary from state to state, and can get quite specific, which means that you should familiarize yourself with the laws in your state.

For instance, if you are in a car accident while uninsured in California, you may not pursue non-economic damages, such as pain and suffering. However, there is a crucial exception: if the other party was under the influence at the time of the accident, then you actually can pursue non-economic damages, even if you were uninsured. The key here is whether or not the other party was actually convicted of a DUI. If they were, then you can file for non-economic damages. If they were not, then you will need to settle for economic damages, like medical and auto repair bills.

By knowing exactly what your limitations are, you can plan out your lawsuit much more effectively. You don't want to overstep your legal boundaries, but you do want to aim for a compensation that you are entitled to.

Statute of Limitations

Next, you have to worry about the statute of limitations. Every state is different, but they are all roughly in the same range of 1-10 years. Knowing your window of opportunity will help you decide whether you need to rush or slow down and build as strong of a case as possible. 

One thing to be aware of is that some states have alternative laws regarding accidents that didn't cause immediately apparent damage. For instance, if you were in a car crash that involved a large truck carrying some dangerous chemicals, and you develop a specific disease several years later, then you might be able to file a personal injury lawsuit, even if you are outside the regular statute of limitations. You do need to have strong evidence that your disease can be linked to the chemicals in question, so be sure to find some scientific evidence that will support your case.

Of course, this is just one example of how damage could show up after the statute of limitations has run out, but there are many other similar scenarios. Check your state's laws to see if they allow special exceptions to the statue of limitations.

To discuss your case with an accident attorney, contact a law firm such as Littman & Babiarz Law Office.

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