Highway Accidents: When Should You Sue?

With the holiday travel season at hand, millions of Americans will be hitting highways. Unfortunately, some of them may be involved in an accident.

Not every car accident will result in a lawsuit. In many cases, vehicle damage and injuries may be covered by insurance claims. In some instances, however, a car accident lawsuit may be required to recover the full amount of your damages.

When should you sue following a highway accident?

Ultimately, the decision whether or not to sue should be made in consultation with a car accident attorney. Generally, however, a lawsuit may be required if:

• The other driver denies fault. In some cases, the other driver may deny his or her fault in the accident or claim that you were partially or primarily to blame. There are several ways to prove fault in court, including evidence that the other driver may have been distracted or that the other driver may have been violating a law such as speeding at the time of the crash.
• The settlement offer is too low. Even when the other side admits fault, the insurance company may not be willing to give you a fair settlement of your claim. Accepting an insurance company settlement is likely the quickest way to receive compensation, but by doing so you may be taking far less than you could ultimately recover in court.
• Your injuries are serious. Although there is no precise formula for calculating the value of a personal injury case, if you suffered serious physical injuries in an automobile accident, there are a number of different factors which may contribute to the amount that you may be awarded in damages. Potential types of damages available in a car accident injury case include medical expenses, pain and suffering, lost wages, and loss of consortium. In addition, in situations where the other driver's conduct may have been reckless, wanton, intentional, or malicious, punitive damages may also be available in some states.

Learn more about recovering for injuries suffered in a highway accident at FindLaw's Learn About the Law section on Car Accidents.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• 5 Things a Car Accident Lawyer Can Do (That You Probably Can't) (FindLaw's Injured)
• Legal How-To: Filing a Minor Car Accident Claim (FindLaw's Injured)
• Is Your Fender-Bender Worth a Lawsuit? (FindLaw's Injured)