What Is the Process for Filing a Car Accident Lawsuit?

When one’s negligent actions, such as drinking and driving or reckless speeding, lead to a car crash that inflicts physical injury, property damage, and even death – legal action may be necessary. Suffering personal harm due to an accident is the basis for filing a personal injury claim. Also, when the property has been extensively damaged because of the incident, a lawsuit may be filed to receive proper compensation. And if a tragedy occurs and fatalities arise from another party’s careless behavior, wrongful death proceedings can take place as well.

Concept of Negligence

Negligence occurs when a person acts in a careless way that causes someone else harm. Common acts include choosing to not look both ways before making a turn, texting while driving, and driving under the influence of different substances. When a negligent driver’s actions lead to an accident, their actions may be considered a tort, and the injured parties can sue for damages. You can seek financial compensation for the damages caused by these accidents. Negligent drivers need to be held liable for their actions. A legal professional will make sure that you are not the one being forced to pay your own money for damages you didn’t do.

Claim/Lawsuit Process

The process of filing a car accident lawsuit or claim begins with determining who is at fault for causing the accident. This usually entails gathering evidence, such as photos of the scene and witness testimonies. Your insurance company may attempt to negotiate with the other party’s insurance company or with the person responsible for the accident to settle on a fair amount of financial compensation. However, if negotiations fail and an agreement is not reached, then the plaintiff (the injured party) can file a lawsuit. This is always the last result and should be the course of action when all other efforts have been unsuccessful. Common reasons for filing a lawsuit are cases when the injured party is not adequately compensated or if the insurance company refuses to pay altogether.

Furthermore, according to state laws, the injured party is given a certain time frame to file a lawsuit. This specific time, referred to as the statute of limitations varies from state to state and can range from one year to six years. Additionally, other rules about fault and comparative negligence may impact the process. For instance, Florida is known as a pure comparative negligence state and assigns certain percentages of fault to all parties involved in the accident. As such, a car accident lawyer in Palm Bay, FL can be beneficial in understanding the laws and filing a claim or lawsuit accordingly.


If successful, a car accident lawsuit can result in both economic and non-economic damages being awarded to the injured party or their families. The former includes compensation for financial expenses such as medical bills, property damage, and loss of wages, while the latter (non-economic) covers areas such as pain and suffering, consortium loss, emotional distress, and loss of companionship. Ultimately, the amount received depends on how much fault each party has and the type of coverage on the insurance policies.


Briefly, the process of filing a car accident lawsuit can appear daunting. Especially when you have been involved in a stressful situation. But with the help of a competent lawyer, one can be confident that their rights and interests will be adequately represented. Such legal professionals are knowledgeable about all aspects of the claim and lawsuit process, from determining fault – to calculating compensation for damages. Ultimately, having an experienced advocate with you can help ensure that you receive the justice and financial compensation you are due.