Car Accident Lawsuit (2024 Legal Guide)

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Published by CalculateMyCase.com

If you or a loved one has been injured as a result of a car accident, you may be eligible to recover compensation by filing an injury claim following your car accident. Compensation you may be able to recover includes medical expenses, lost wages, property damages, and pain and suffering.

Approximately 95% of car accident cases settle before going to trial. This high settlement rate is largely due to the benefits of avoiding the lengthy and costly trial process, as well as the uncertainties and risks associated with a trial verdict. Both plaintiffs and defendants often prefer settlements to ensure a quicker resolution and to minimize legal expenses. However, if the parties are unable to agree on key issues (such as fault and injuries that resulted from the accident), the lawsuit may proceed to trial.

Legal Deadline

It’s important to note the deadline for the statute of limitations that applies to your state. This refers to the time limit that individuals have to file a claim after being injured in an auto accident, which typically ranges from 2 to 4 years.

State Statute of Limitations (Years)
Alabama 2
Alaska 2
Arizona 2
Arkansas 3
California 2
Colorado 3
Connecticut 2
Delaware 2
Florida 4
Georgia 2
Hawaii 2
Idaho 2
Illinois 2
Indiana 2
Iowa 2
Kansas 2
Kentucky 2
Louisiana 1
Maine 6
Maryland 3
Massachusetts 3
Michigan 3
Minnesota 6
Mississippi 3
Missouri 5
Montana 3
Nebraska 4
Nevada 2
New Hampshire 3
New Jersey 2
New Mexico 3
New York 3
North Carolina 3
North Dakota 6
Ohio 2
Oklahoma 2
Oregon 2
Pennsylvania 2
Rhode Island 3
South Carolina 3
South Dakota 3
Tennessee 1
Texas 2
Utah 4
Vermont 3
Virginia 2
Washington 3
West Virginia 2
Wisconsin 3
Wyoming 4

Common Types of Injuries from Car Accidents

One of the most common injuries suffered as a result of a car accident includes whiplash, which can damage soft tissues in the neck or lead to more severe back and neck injuries.

Common Types of Car Accidents

  • Rear-end collisions: When one vehicle hits the back of another, typically caused by sudden stops or distracted driving.
  • Side-impact collisions (T-bone): Occur when the side of one vehicle is hit by the front or rear of another, often at intersections.
  • Head-on collisions: Involve the fronts of two vehicles hitting each other, usually due to a driver traveling the wrong way.
  • Drunk/intoxicated accidents: When one or more drivers are under the influence of alcohol or drugs, impairing their driving abilities.
  • Underinsured/uninsured motorist accidents: Involving a driver who lacks adequate insurance coverage, complicating compensation.
  • Hit-and-run accidents: A driver hits a person or another car and then leaves the scene without providing contact information or assisting the injured.

Frequently Asked Questions

How much does a car accident lawyer cost?

The majority of car accident attorneys work on a contingency fee basis, meaning that there are no upfront costs or legal fees. Instead, legal fees are taken out of the final settlement amount, which often ranges from 30-40% and is agreed upon beforehand.

How long will my car accident claim take?

Most car accidents settle within 6 to 12 months. However, each case is unique and your case may take more or less time depending on many case variables such as severity of injuries, medical treatment, and how fault is determined.

What is my car accident case worth?

The typical car accident settlement amount is $25,000. It’s important to note that settlements can vary greatly depending on a variety of case factors. Primarily, settlement value is largely determined by the extent of injuries, associated medical expenses, degree of fault, and claims of pain and suffering.

About

We use settlement calculators to help individuals estimate how much compensation they may receive from their personal injury claim. We partner with law firms throughout the United States to help produce the most accurate results. Our content and calculators are created with the help of top-rated attorneys and legal professionals.

Accident type Avg. Settlement
Drunk driver $262,479
Uninsured driver $128,129
Hit-and-run $87,233
Rear-end $181,309

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