Car Accident Lawsuit Guide: Settlements, Deadlines & Process
Ashley MilanoLast Updated: August 18th, 2025If you were injured in a car crash caused by someone else’s negligence, an experienced car accident lawyer can help you pursue compensation for medical bills, lost wages, pain and suffering, and more. This guide explains eligibility, evidence, deadlines, settlement factors, and how to pick the right attorney.
Who Qualifies
- Injury from a motor vehicle collision where another party may be at fault
- Documented treatment (ER, primary care, orthopedics, PT)
- Police report and/or evidence indicating negligence (rear-end, speeding, DUI, distraction)
- Commercial vehicle, rideshare, or roadway/vehicle defect involvement
Start a free case review — quick and confidential.
Proving Fault & Key Evidence
- Police report, citations, crash diagram
- Photos/video (vehicle damage, roadway marks, intersection layout)
- Witness statements and contact info
- Medical records, imaging, treatment plans
- Repair/total loss documentation
- Cell phone logs, EDR/black box, dashcam, and business surveillance footage
Compensation You Can Seek
- Medical expenses (past & projected)
- Lost income and diminished earning capacity
- Pain, suffering, loss of enjoyment of life
- Property damage and out-of-pocket costs
- Wrongful death damages where applicable
Settlement Ranges & Factors
There’s no one “average,” but many cases fall into ranges depending on injuries, venue, liability, and insurance limits.
| Injury Category | Illustrative Range | Notes |
|---|---|---|
| Soft-tissue (whiplash) | $5,000 – $30,000 | Higher with persistent symptoms & objective findings |
| Fractures | $25,000 – $200,000+ | Surgery, complications, lost wages increase value |
| TBI / spinal injury | $100,000 – $1M+ | Severe/permanent impairment can reach seven figures |
| Wrongful death | $250,000 – $2M+ | Highly variable; depends on venue & damages |
- Liability clarity (clear vs. disputed fault)
- Injury severity and documented treatment
- Insurance limits (at-fault and UM/UIM)
- Venue & jury trends in your jurisdiction
- Comparative negligence adjustments
Educational only; not a guarantee.
Deadlines by State (Highlights)
Deadlines vary by state and can be shorter with government entities. Always verify with an attorney.
| State | Personal Injury SOL | Notes / Source |
|---|---|---|
| New York | 3 years | NY Courts |
| California | 2 years | CA Courts |
| Florida | 2 years (negligence) | Fla. Stat. §95.11 |
| Texas | 2 years | Tex. §16.003 |
| New Jersey | 2 years | N.J. §2A:14-2 |
| Illinois | 2 years | 735 ILCS 5/13-202 |
| Georgia | 2 years | O.C.G.A. §9-3-33 |
| Pennsylvania | 2 years | 42 Pa.C.S. §5524 |
| Ohio | 2 years | R.C. 2305.10 |
| Michigan | 3 years | MCL 600.5805 |
Government claims may require faster notices; some states have PIP/no-fault timelines.
How the Lawsuit Process Works
Special Case Types
Rideshare Crashes (Uber/Lyft)
Coverage may include the rideshare policy depending on the driver’s app status. Save trip receipts/screenshots.
Commercial Truck Collisions
Potential defendants include driver, carrier, shipper, or broker. Key evidence: ELD data, maintenance, FMCSA compliance.
Government / Road Defect Claims
Short notice-of-claim deadlines may apply. Issues like missing signage or road design defects can create municipal liability.
Pedestrian & Bicycle Injuries
Severe injuries can occur even at low speeds. Crosswalk rules, sight lines, and speed zones often matter.
Common Car-Accident Injuries
- Whiplash, disc herniations
- Concussions/TBI
- Fractures, ligament tears
- Spinal cord injuries
- Psychological trauma (anxiety, PTSD)
What To Do After a Crash
- Call 911 and get medical care
- Document the scene and exchange info
- Notify your insurer (avoid recorded statements to the other insurer without counsel)
- Follow medical advice and keep all bills/receipts
- Get a free legal review before signing anything
Sample Case Examples (Anonymized)
- Rear-end, cervical strain (NYC): $22,500 pre-suit after 12 weeks PT; no MRI findings.
- Intersection T-bone, wrist fracture (NJ): $145,000 policy-limits + UM; surgery + 3 months lost wages.
- Commercial van sideswipe, disc herniation (CA): $385,000 post-mediation; injections, no fusion.
- Drunk driver head-on, TBI (TX): High six figures; life-care plan; stacked UM/UIM.
Examples are illustrative; not predictive.
FAQs
How long do I have to file?
Varies by state and parties involved; some deadlines are short. Speak with an attorney promptly.
Do I have to go to court?
Not necessarily. Many cases settle; filing preserves rights if negotiations fail.
What if the other driver is uninsured?
Your UM/UIM coverage may apply. An attorney can evaluate all available policies.
How do fees work?
Most PI lawyers work on contingency—no upfront fees; paid a percentage only if they recover money for you.
Sources
Related Lawsuits
- Nexium/Prilosec Gastric Cancer Lawsuit
- Oxbryta Sickle Cell Lawsuit
- Video Game Addiction Lawsuit
- Uber & Lyft Sexual Abuse Lawsuit
- PFAS Water Contamination Lawsuit
- Mormon Church Sexual Abuse Lawsuit
- Depo-Provera Brain Tumor Lawsuit
- Lung Cancer & Mesothelioma Lawsuit
- Social Media Addiction Lawsuit
- Roundup Cancer Lawsuit
Get a Free Case Review
Answer a few questions now to see if you qualify. Your information is confidential. No upfront fees.
Latest News
Loading...
Latest News
Loading...
