Many times, car accidents are just minor incidents that you can handle without any legal action. However, some accidents require litigation to get the best possible outcome as a victim. If you have been injured in an accident and are considering filing a lawsuit, here is what you need to know about accident litigation.
When accident litigation is necessary
- When the other driver was negligent – For example, if the driver that caused the accident was drunk, distracted or speeding.
- When you’ve suffered significant injuries – If your injuries resulted in extensive medical bills or caused you to miss work, you may be entitled to compensation.
- When someone dies – If one of your passengers dies because of the accident, you may file a lawsuit against the other driver.
- When the insurance company isn’t offering a fair settlement – Sometimes, the insurance company may offer compensation that barely covers the damages and medical bills; if this is the case for you, you could seek damages from the driver.
Things to do when proceeding with accident litigation
Gather sufficient evidence after the motor vehicle accident. Take pictures or videos of the accident scene, note down information about the other driver, talk with witnesses of the scene and take their contact information, and have copies of your medical records. Every detail is critical in court.
How long after a car accident can you sue?
According to Missouri Revised Statutes § 516.120, you have five years from the date of the accident to file a lawsuit against the other driver. However, if someone died in the accident, you have a maximum of three years.
If you file a lawsuit after the above time limits have passed, the defendant can move to dismiss the case because you violated the statute of limitations. Unless some rare exception applies, the court will almost certainly grant the motion.
Going to court could be helpful because you might get compensation for medical expenses, lost wages, pain and suffering, and punitive damages. Before you file a lawsuit, ensure you are well prepared to prove your case.