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We are frequently asked about when we will file a lawsuit after a car wreck.  The typical answer is “it depends.”  Every claim is different.

After a Car Wreck

All of these cases begin with the car wreck.  Once the defendant’s insurance company receives notice, they start collecting data.  The information that they receive will is used to help them determine their stance on liability.

It is key that you control the narrative.  That is why you need to hire a personal injury attorney right away.  Your attorney will help prevent the insurance company from twisting the story or diminishing your injuries.

Settlement or Lawsuit

When looking to settle your claim, there are two questions that need to be determined.  They are damages and liability.  You need to agree with the defendant’s insurance company on both to avoid a lawsuit after a car wreck.

If the defendant’s insurance company accepts liability. You need to complete your medical treatment to determine your damages.  Once you are able to calculate your damages, we send a demand letter to the defendant’s insurance company. 

Then negotiation starts.  If an agreement to the damages can be reached, your claim will be settled without litigation.  But if we are not able to agree on the amount of damages, your claim may be filed with the court.

If after their investigation, the insurance company determines that they are not liable, it is time to file with the court.  We may still need to have an idea of your damages through the medical treatment.

Statute of Limitations

The statute of limitations is the maximum amount of time that you have to file a lawsuit after the event happens. For a car wreck, the statute of limitations is generally two years.  The facts and people involved may change the statute of limitations.  If you have any questions about this, go over it with your lawyer.

Conclusion

If you have questions about filing your claim with the court, talk to your attorney.  Most attorneys will want you to know the status of your claim.