Is It Worth Suing After a Car Accident?

If you were involved in a car accident, you may be wondering if suing is worth it. After all, there’s so much to deal with, including insurance companies, doctor visits, and explaining to your boss why you’re missing work. Is a lawsuit truly necessary?

It’s a common question that, unfortunately, has a complex answer. Knowing your legal options and whether you’re eligible to sue can help you make an informed decision about what’s best for your future. The lawyers at Kuharski, Levitz & Giovinazzo, Esq. are here to provide guidance after a car accident.

How Much is Your Case Worth?

An important consideration when determining whether it is worth suing after a car accident is how much money you’ll get from any settlement or verdict awarded by the court. 

If you could win financial compensation for your medical bills and other expenses related to your injuries, then this can help offset some of the losses you incurred and may make suing after a car accident worth your while. Intangible damages like pain and suffering can be tough to calculate, and even a minor fender-bender can be costly. 

Many car accident victims assume that, if they settle with the insurance company, they’ll receive a comparable amount, but that’s not always true. The insurance company may even act in bad faith or lowball your settlement. Talk to your lawyer about maximizing the compensation you’ll receive. 

Who Was At Fault for Your Car Accident?

If it’s unclear who was at fault or both drivers were partially responsible, then the question of whether or not suing after a car accident is worth it becomes less clear.

The rule of contributory negligence in New York protects people who are involved in accidents caused by others’ negligence, even if they were partially at fault themselves. In these cases, it may be worth considering filing a claim against the other driver and their insurance company, even if you’re expecting to take on some blame yourself. 

If the other driver was partially liable, you’ll receive monetary damages from their insurance company that is commensurate with the percentage of blame that is assigned to them. For instance, if your damages are $10,000 and the other driver was 80 percent liable, then you would receive $8,000 in damages.

Before receiving a penny, however, you will need to prove that the other party was negligent or reckless in some way. This can be nearly impossible without assistance from a personal injury lawyer. Your attorney has access to specialized tools and methods such as expert testimony or accident reconstruction that can help prove your case. 

Call Your Lawyer for Guidance on Suing 

Many different elements go into a decision on whether to sue after a car accident, and it’s best to get advice from an attorney who understands personal injury law. The right attorney can help you gather evidence, represent you in the courtroom, and get you the funds you need for a full recovery. 

Schedule your free consultation by filling out our contact form below or call Kuharski, Levitz & Giovinazzo, Esq. at 718-448-1600 to get your questions answered.