Being involved in a no-fault car accident can be frustrating, especially if your medical expenses and other damages exceed the limits of your insurance policy. While the purpose of no-fault insurance is to avoid lengthy lawsuits and ensure quicker payments, there are circumstances where filing a lawsuit becomes necessary. If your injuries are severe, or if the at-fault driver’s actions were reckless, you may be eligible to file a personal injury lawsuit to recover compensation beyond what your no-fault insurance provides.
We’ll explain the steps you need to take to file a lawsuit for damages after a no-fault accident, the types of compensation you can pursue, and how a Wright Gray Harris attorney can help you maximize your recovery.
Can You File a Lawsuit After a No-Fault Accident?
Yes, you can file a lawsuit after a no-fault accident, but only under specific circumstances. Most no-fault states have strict rules about when you can sue the at-fault driver. Typically, you can only sue if your injuries meet the state’s serious injury threshold. This threshold varies by state but often includes:
- Permanent disability or disfigurement
- Broken bones or fractures
- Significant loss of bodily function
- Injuries requiring surgery or extended hospitalization
- Medical expenses that exceed a certain dollar amount
If your injuries meet this threshold, you may be able to sue the at-fault driver for additional compensation, including pain and suffering — something that is not covered by your no-fault insurance policy. If you’re unsure whether your injuries meet the serious injury threshold, a Wright Gray Harris attorney can review your case and determine if you qualify to file a lawsuit.
Steps to File a Lawsuit for Damages After a No-Fault Accident
1. Seek Medical Treatment and Document Your Injuries
Before filing a lawsuit, you need to establish a clear link between the accident and your injuries. Seeking prompt medical attention is critical for your health and for building a strong legal case. Visit a doctor, emergency room, or urgent care facility immediately after the accident. Even if you don’t feel hurt, you should still get evaluated, as some injuries (like whiplash or concussions) may not appear right away.
Document every aspect of your medical treatment, including doctor’s notes, prescriptions, treatment plans, physical therapy, and hospital bills. These records are crucial for demonstrating the severity of your injuries and justifying the compensation you’re seeking in your lawsuit.
2. Report the Accident and File an Insurance Claim
Before filing a lawsuit, you’ll need to exhaust your no-fault insurance benefits. File a claim with your insurance company under your Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage. This is required in most no-fault states.
As you go through the claims process, be aware that insurance companies may offer you a quick, lowball settlement. If you accept it, you may be barred from pursuing additional compensation. Avoid signing any settlement documents before consulting with a Wright Gray Harris attorney. Your attorney can review the offer and determine if it’s fair based on the full extent of your injuries and losses.
3. Hire a Wright Gray Harris Attorney
If your medical bills and damages exceed your no-fault insurance limits, or if your injuries meet the serious injury threshold, you’ll need to file a lawsuit against the at-fault driver. Filing a lawsuit requires knowledge of court procedures, legal deadlines, and personal injury laws — which is why hiring an experienced attorney is critical.
A Wright Gray Harris attorney will review your case, collect evidence, calculate the value of your claim, and handle all communication with insurance companies and opposing attorneys. Your attorney will also help you avoid costly mistakes, such as missing deadlines or providing statements that could be used against you in court.
4. Collect Evidence to Support Your Claim
To win your lawsuit, you’ll need to prove that the at-fault driver’s negligence caused the accident and that your injuries meet the serious injury threshold. Evidence plays a vital role in proving your case. Key evidence includes:
- Medical Records: Show the extent of your injuries, the treatment you’ve received, and your prognosis for recovery.
- Accident Reports: The police report provides an official record of the accident, including the names of the drivers, witness statements, and the officer’s opinion on fault.
- Photos and Videos: Take photos and videos of your injuries, property damage, and the accident scene.
- Witness Statements: Witnesses can provide valuable testimony about what happened during the accident.
- Expert Testimony: Accident reconstruction experts and medical professionals can offer testimony to support your claim.
A Wright Gray Harris attorney will gather and present this evidence on your behalf, ensuring your case is as strong as possible when it goes to court.
5. File a Complaint and Serve the Defendant
To officially begin the lawsuit, your attorney will file a complaint with the court. The complaint outlines your legal claims, explains how the at-fault driver was negligent, and details the damages you’re seeking. Once the complaint is filed, it must be served to the defendant (the at-fault driver). This notifies the defendant of the lawsuit and gives them a deadline to respond.
Serving the complaint must be done according to strict legal rules, which vary by state. Your attorney will ensure this step is completed correctly so your case isn’t delayed.
6. Engage in Settlement Negotiations
Once the defendant is served, their insurance company may offer to settle the case out of court. This is often the best time to negotiate a higher settlement, as insurance companies prefer to avoid the cost and risk of a trial. Your attorney will negotiate on your behalf, ensuring you don’t accept a settlement that’s less than what you deserve.
Settlement negotiations can go back and forth for weeks or months, but a Wright Gray Harris attorney will push for the maximum settlement possible. If the insurance company refuses to offer a fair payout, your attorney will take the case to trial.
7. Go to Trial (If Necessary)
If a settlement cannot be reached, your case will go to trial. At trial, both sides will present evidence, call witnesses, and make arguments before a judge or jury. Your attorney will present your case, cross-examine witnesses, and fight to convince the court that you deserve full compensation for your damages.
Trials can be unpredictable, but having an experienced trial attorney on your side greatly increases your chances of success. Wright Gray Harris attorneys are skilled litigators who are prepared to take your case to court if necessary.
What Damages Can You Recover in a Lawsuit?
When you file a lawsuit after a no-fault accident, you can seek damages beyond the limits of your no-fault insurance. This includes both economic damages and non-economic damages.
- Economic Damages: These include tangible financial losses such as medical bills, future medical expenses, lost wages, loss of earning capacity, and property damage.
- Non-Economic Damages: These include pain and suffering, emotional distress, mental anguish, and loss of enjoyment of life. Non-economic damages are often the most valuable part of a lawsuit, especially for severe injuries.
A Wright Gray Harris attorney will calculate the value of both economic and non-economic damages, ensuring you don’t leave any money on the table.
How a Wright Gray Harris Attorney Can Help You File a Lawsuit
Filing a lawsuit for damages after a no-fault accident is a complex process that requires extensive legal knowledge, negotiation skills, and courtroom experience. Without an attorney, you may face significant obstacles from insurance companies and opposing attorneys. But with a Wright Gray Harris attorney on your side, you’ll have a powerful advocate fighting for your rights.
Here’s how we can help:
- File your lawsuit: We’ll prepare your complaint, file it with the court, and serve it to the defendant.
- Negotiate settlements: We’ll handle negotiations with the insurance company to pursue a fair settlement before going to trial.
- Prove your damages: We’ll gather medical records, expert testimony, and other evidence to prove the extent of your injuries and damages.
- Fight in court: If your case goes to trial, we’ll represent you and argue your case before a judge or jury.
Contact Wright Gray Harris
If your medical expenses, pain and suffering, or other damages exceed the limits of your no-fault insurance policy, you may be eligible to file a lawsuit against the at-fault driver. Wright Gray Harris has the experience and skill to help you maximize your compensation.
Don’t let the insurance company pressure you into a low settlement. Call Wright Gray Harris today for a free consultation. We’ll review your case, explain your options, and help you pursue the full compensation you deserve.