After a crash, it can be tempting to sue someone, but it might not be a good idea to do so if you can’t prove that the other party was responsible for the accident and that you were harmed by it. In many accidents, both drivers share some responsibility, so you will want to ensure that fault lies entirely with the other party before deciding to sue someone. A personal injury attorney can give you insight into the strength of your claim and what it could take to obtain compensation after it. Knowing what it will take to sue someone after your accident can give you the best chance of getting the compensation you need to live the life you deserve after an accident.
When You Shouldn’t Sue After an Accident
Knowing when you shouldn’t sue after an accident can save you from financial and legal trouble. If you’re wondering if you have a case or not, it’s best to speak with a personal injury lawyer. These types of questions often come up among common personal injury lawyers FAQ’s and your questions are no different.
A Duty of Care Wasn’t Breached
An accident can occur because another driver owed you a duty of care and violated it, such as by speeding through a red light or ignoring a lane change signal. However, if a driver was observing the rules of the road during your accident and did provide the required duty of care, you’ll have a hard time establishing that they owe you compensation in a personal injury lawsuit.
A Breach of Duty Didn’t Cause The Accident Alone
Even if the other driver breached their duty of care, establishing that it’s what caused the accident is another thing entirely. While it makes sense that this would be the cause of the accident, it doesn’t entirely absolve you of responsibility. If you were speeding or driving while distracted, such as due to texting, then you may find it difficult to claim that the other driver was entirely at fault, complicating your efforts to obtain a personal injury lawsuit.
You Weren’t Injured in The Accident Due to a Breach of Duty of Care
If you weren’t injured in the accident due to the other driver’s breach of their duty of care, it’s hard to establish that you have a personal injury claim. While this is something to be thankful for, it also limits your ability to obtain personal compensation from the other driver after an accident. Be sure to be fully evaluated for injuries by a medical professional after your accident to ensure that you get the compensation you need to properly care for them.
What Happens if You Lose Your Lawsuit?
You’ll want to be careful when filing a personal injury lawsuit, as there are consequences you may face in the event that you lose yours. Some of them are as follows:
- Your ability to obtain compensation from the other party is limited
- You will have to pay your own legal fees out-of-pocket
- You will have to pay for the defense’s legal fees
This makes it important to proceed with a lawsuit only if you are certain that you have a case against the other party.
A personal injury lawsuit can be an effective way by which you can obtain compensation for damages you’ve suffered after an accident provided that you can establish the other party is at fault. A personal injury attorney can be a valuable ally for you during this time and can help to establish that you were not at fault for the accident. This will be vital to pursuing the full amount of compensation to which you’re entitled, which they can help with as well. With their assistance, you can take the steps necessary to make a full financial recovery from your accident.
