If you’re in a car accident, you’ll need to pay attention to what state it occurred. Accidents cause a lot of emotional harm, physical injuries, and economic damage. Depending on your location, you may not be entitled to compensation in an accident lawsuit, which can be devasting. When an accident occurs, insurance requirements, claim policies, statutes of limitations, and much more all come into play when it comes to filing a lawsuit. Working with an attorney is a great first step to determining case eligibility, but you’re also going to need to understand how accident lawsuits can change depending on your location. What makes car accident lawsuits unique in different states?
How Much Time You Have
Each state has its own statute of limitations for when you can file a lawsuit after the accident. If you’re suing for personal injury, you typically have two years from the date of the accident. However, not all states follow the two-year rule. Some states only have a one-year statute of limitations. Other states, like North Dakota, allow up to six years from the date of the accident. You will need to be careful when deciding to pursue litigation after your car accident. Time passes quickly, and you may have a limited amount of time to choose your attorney, gather evidence, and file a lawsuit. It’s best to act quickly!
Insurance Requirements
Your insurance coverage may not be good enough, depending on where you live. Each state requires car insurance coverage, but how much can vary. Some states only require minimum liability insurance, while others have additional requirements like personal injury protection (PIP). You can face legal issues if you don’t have the appropriate car insurance required by your state. Ask your insurance company what is needed in your area. If you get into an accident, you want to make sure you have good coverage. You may need to file a claim with your insurance company if you are liable or in a no-fault state.
At-Fault or No-Fault States
When an accident occurs, you file an auto insurance claim. However, the policy you file with will vary from state to state. Some states require you to file with the liable party’s insurance, which is known as an at-fault state. You’re more likely to be eligible to file a car accident lawsuit in an at-fault state. Other states are considered no-fault states, which require each involved party to file with their own insurance regardless of whose fault the accident is. Lawsuits in no-fault states are typically only filed in rare cases where a lot of damages or injuries occurred. If you live in a no-fault state like Florida, you’re going to want to discuss your case eligibility with an attorney.
Determining Liability of All Parties
How each state determines fault in a car accident lawsuit can vary. Most attribute liability as a percentage and limit compensation earnings according to liability, a principle known as comparative negligence. Some states don’t allow any lawsuit compensation if you’re liable at all for the accident, which is known as contributory negligence. In these states, birth injury lawyers must work hard to prove that their clients aren’t liable. Other states will allow litigation compensation if you are less than 50% liable for the accident. The rest will not have a liability threshold; damages can be recovered if you are less than 100% at fault.
Compensation Limits
It’s common to seek pain and suffering or punitive damages when filing a lawsuit. Pain and suffering damages help recover financial compensation due to the anguish the accident caused you. Punitive damages seek to punish the liable party financially. However, some states will have limits on these types of compensation. These damage caps are in place to regulate how much pain and suffering or punitive damages you can recover. Not all states have compensation limits, but that doesn’t necessarily mean you’ll receive all the compensation you asked for; many factors are at play when it comes to winning a lawsuit. Ask your lawyer if there are any compensation limits in your state.
Conclusion
Your location plays a huge role in the potential success of a car accident. Combined with your liability (if applicable) or the state’s insurance policies, you may be limited as to how much compensation you can receive from a winning lawsuit. You should consult with an attorney as soon as possible to see if your case is eligible. You’ll want to file a lawsuit immediately in case your state has a shorter statute of limitations. If you have any concerns about the eligibility of your case, you can discuss them with your attorney. After an accident, you’ll want to keep as many records as possible to help build your case. Consider seeking medical attention even if you don’t have initial symptoms. Understanding your state’s laws regarding car accidents and pursuing litigation is the first step to recovery.
