Car Accident Lawsuit Guide: Settlements, Deadlines & Process

If 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

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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.

Illustrative ranges (educational only).
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

High-level claim → lawsuit flow (many cases settle before trial).
Intake Investigation Demand Lawsuit Discovery Mediation/Trial

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

  1. Call 911 and get medical care
  2. Document the scene and exchange info
  3. Notify your insurer (avoid recorded statements to the other insurer without counsel)
  4. Follow medical advice and keep all bills/receipts
  5. 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

  • NHTSA — crash safety & enforcement
  • IIHS — vehicle safety research
  • CDC — crash injury statistics


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