After being involved in a car accident, your primary concern may revolve around the pain from your injuries and how to cover medical expenses. You might wonder, “Can I sue someone personally after a car accident?” Well, the answer is Yes, you can personally take legal action against the driver at fault for the damages they’ve caused you.
Is it Worth Suing Someone After a Car Accident?
Inquiries regarding the worthiness of taking legal action after a car accident or wondering if it’s the best choice are normal. In some cases, litigation is not necessary. If you want to initiate a lawsuit against another person, you must prove their liability for the harm caused. However, if you think your case is strong, you can claim compensation for your damages.
If you’re uncertain about taking legal action, we can guide you. Remember that there are time limitations that could impact your case, so quick action is crucial. Consider choosing a skilled car accident lawyer to determine the best action for your case.
When Can I Sue Someone Personally for a Car Accident?
In California, if you’ve suffered injuries or property damage due to a car accident and believe someone else is responsible, you can sue them. This usually requires initiating a lawsuit for personal injury or property damage in the California Court system. Moreover, you can sue in the following instances:
You are Not At Fault
If you are not responsible for the accident, you can seek damages. Even if there’s a possibility that you share fault, winning your case can be challenging. An expert car accident lawyer can assist in establishing your lack of fault and help you gather more evidence.
Insurer’s Settlement is Too Low
Insurance companies often try to provide you with a minimal settlement. Since they are responsible for the payouts, it is crucial that you evaluate the proposed settlement. If the offered amount fails to meet your expenses, you can initiate an action against the other party.
Huge Expenses
Depending on the seriousness of your injuries and damages, your financial needs may change. If your medical costs continue to increase, but the insurance settlement is inadequate, it’s worth considering litigation.
Negotiation Fails
Carefully review your expenses and weigh them against the settlement against the insurance provider. If it seems inadequate and negotiation fails, don’t wait to take the matter to the court.
Determining Fault and Liability After a Car Accident
You’ll need to establish that the other party is responsible for the damages and injuries.
You may need to prove that the other party is at fault by establishing:
- Breach of duty of care: Proving that the responsible party failed to meet their obligation.
- Duty of care: Providing that all drivers have a responsibility to drive safely on public roads.
- Damages: Presenting evidence of your financial losses due to a car accident.
- Causation: Establishing that the responsible driver caused the collision. Strong evidence is required to prove the other party’s fault.
What Can I Sue Someone for After a Car Crash?
A car crash can be challenging in many ways. It can financially, physically, and mentally drain you. When you suffer a loss after a car crash, you can file a lawsuit against the responsible party. You can seek a legal claim for the economic damages and non-economic damages.
- Economic Damages include compensation for valid financial losses due to a car crash. Such as medical bills, lost wages, property damage, and rehabilitation.
- Non-Economic damages are available to address intangible harm. Which includes pain and suffering, emotional distress, loss of enjoyment, and other subjective losses.
Does California Allow You to Sue for Punitive Damages?
California Civil Code 3294 mentions punitive damages to be awarded by a trial court jury under specific conditions.
These damages are not meant to compensate for losses but rather serve two key purposes:
- Punishment: To punish individuals or entities by proving their misconduct.
- Deterrence: To prevent the defendant and others from engaging in similar behavior.
Punitive damages are most commonly available in cases involving assault, injuries resulting from a DUI-related car accident, and more. It is crucial to understand that the extent of your damages is not the primary consideration for punitive damages. Instead, the aggressive behavior of the other party matters most.
When you establish such behavior, the court may award punitive damages that exceed your compensatory damages significantly. If you think your case may involve punitive damages, please don’t hesitate to reach out.
Contact J.G Winter Law for Your Car Accident Lawsuits
If you’re a victim of a car accident and considering suing an individual personally, it’s crucial to note that this process is not as straightforward as it may seem. Consulting with a car accident lawyer to navigate the complexities and secure your chances of winning a case is crucial.
The Law Offices of J.G Winter can provide a car accident attorney to help you determine whether you should sue someone following an accident. We can assess your case and guide you throughout the process. While you’re already facing challenges, we want to avoid adding a burden. Thus, we provide service on a contingency basis. You only pay us once we win for you. Contact us now.
FAQs
What are the Statute of Limitations to sue someone after a car accident in California?
The statute of limitations are two years to sue someone after a car accident in California. It applies from the date of the injuries sustained as an occupant of a car, a bicyclist, a pedestrian, or a motorcyclist.
Can I sue an Insurance Company after a faulty settlement?
Yes, you can sue an insurance company after a faulty settlement. For instance, if the insurance company concludes the settlement unethically. Such as the payment was in bad faith or they fraudulently got the settlement during negotiations. However, it can be challenging to prove the fault of an insurance company. You can consult with an experienced lawyer in such a situation.
Can I get sued for a car accident in CA?
Yes, you can get sued for a car accident in California. It is when you fail to exercise a duty of care while driving and cause injuries, injury-related expenses, and property damage to others.
How much can you get for a car accident settlement in California?
There is no standard car accident settlement amount. The settlement amount varies as per the nature of the accident sustained. However, if you are a victim of a car accident in California, you can get compensation for your damages.
