If you’ve been involved in a car accident and you’re thinking about filing a lawsuit, there’s one thing you should know from the start — the outcome doesn’t just depend on who was at fault. In reality, several factors can influence the success and value of your case, many of which most drivers never even consider until it’s too late.
Everything from the timing of your medical treatment to what you said at the scene, the type of insurance involved, and even your driving history can all play a role in how your case is handled — and how much compensation you may receive.
This guide breaks down the most important variables that can impact a car accident lawsuit, so you know what to expect, what mistakes to avoid, and how to build a case that holds up in court.
Now, you’re stuck filing a lawsuit to try and receive compensation; however, before you start planning on receiving the full value of your claim, take a deep breath. There are a few key factors in a car accident lawsuit that can play a role in determining the value of your lawsuit.
Factors Impacting a Car Accident Lawsuit
Some of the factors that can impact your personal injury lawsuit are fairly obvious, like the severity of your damages. Other possible factors may be a little more surprising, like the strength of your evidence or even your legal representation.
Damage Severity
Your damages in an auto accident are a key factor in a personal injury lawsuit. They’re the primary reason you’re filing a lawsuit against the at-fault driver in civil court.
Your losses aren’t limited to your injuries and vehicle damage. Your lawsuit may also be seeking compensation for lost income and even non-economic losses like pain, suffering, and mental anguish.
The more serious your injuries and other damages, the higher your claim’s value. If your injuries result in a long-term disability, the value of your claim typically increases—this also applies to more severe property damage. Replacing a totaled vehicle is usually more expensive than repairing a dented fender or realigning the suspension.
A quick note about your non-economic damages. Sometimes, your non-economic damages have a higher value than your economic losses. Forgetting to include your non-economic damages can dramatically reduce your lawsuit’s overall value.
Insurance Coverage
Like the majority of other states, Georgia follows at-fault insurance rules. The at-fault driver’s insurance is responsible for covering your damages. All drivers with vehicles registered in the Peach State must carry at least the minimum liability insurance requirements. Liability insurance only covers the other driver’s damages and not those of the policyholder.
Since the at-fault driver has liability insurance, your damages should be covered. Unfortunately, this isn’t always the case. Most liability policies have caps and your accident claim or lawsuit can’t exceed this limit.
So, what happens if you still have outstanding expenses after the at-fault driver’s insurance provider pays out? You can file a lawsuit against the other driver in civil court. However, your lawsuit is against the driver as an individual and not their insurance provider. Even if your lawsuit is successful, there’s no guarantee you’ll ever receive the judgment award.
Contributory Negligence
This is another factor that can affect your personal injury lawsuit. Georgia is an at-fault state that also follows contributory negligence rules. If you’re not sure what contributory negligence is, the legal definition is surprisingly easy to understand.
The statute allows for more than one driver to be responsible for causing a traffic accident. A percentage of fault is assigned to each driver, and this can affect everything from your ability to file a compensation claim to your settlement amount. Your settlement is reduced by your percentage of fault. As long as your percentage of blame isn’t over 50%, you can file a claim or lawsuit to recover some of your losses.
Who assigns fault in a car accident case? The authorities and insurance adjuster usually handle the task. Sometimes you may not agree with their findings, and this can also impact your lawsuit. Instead of moving forward with your case, it’s been put on hold. You can file an appeal to try and have your percentage of blame reduced. Once the appeal is resolved, you can usually move forward with your lawsuit.
Statute of Limitations and Filing Deadlines
You shouldn’t need to worry about the statute of limitations for filing an insurance claim if you’ve moved onto the lawsuit stage. As soon as you start the claim process, the statute of limitations is met in personal injury cases. However, you still need to worry about court deadlines and filing dates. Missing even a single filing deadline can set your case back months or even cause it to be dismissed. Now, you’re starting back at the beginning of the legal process.
Your Legal Counsel Can Affect a Personal Injury Lawsuit
Even though most personal injury attorneys are experienced, you can still find one who may not be familiar with the various laws and standards. This can ultimately affect your lawsuit but it’s also an avoidable factor. Choosing to work with an experienced accident attorney can help ensure your lawsuit moves smoothly through the legal system.
