Car accidents can leave you dealing with more than just vehicle repairs; they can turn your entire life upside down. From physical injuries to lost wages, emotional trauma, and long-term medical expenses, the aftermath can be overwhelming. While insurance is designed to help, it often falls short of covering the full extent of your damages. In these cases, filing a lawsuit may be the best course of action. At Girdwood & Williams, PLLC, we work closely with clients to help them seek justice and fair compensation after a serious accident. Below are eight key reasons why filing a lawsuit after a car accident might be the right move for you or your loved ones.
- The Insurance Settlement Offer Is Too Low
After an accident, insurance companies will usually make a settlement offer quickly. However, these offers are often far below what’s actually needed to cover your medical bills, lost income, and pain and suffering. Insurance companies are motivated to protect their bottom line, not your best interests. Filing a lawsuit sends a clear message that you won’t settle for less than you deserve. It gives you the opportunity to present your full case in court, where the value of your injuries and losses can be properly assessed.
- There Isn’t Enough Insurance to Compensate You for Your Injuries
Every driver on the road is required by law to maintain liability insurance on their vehicle. Unfortunately, sometimes that amount is not enough. If someone is seriously injured or dies in an auto accident, the at fault driver’s insurance policy limit may not be high enough to compensate the victim of the accident. In those instances, it is often prudent to file a lawsuit to seek an overage judgment against the at fault driver. By filing a lawsuit, it also helps to determine if there are other insurance policies available, such as umbrella insurance, to help pay the claim that were otherwise non-discoverable.
- You Have Long-Term or Permanent Injuries
Some car accident injuries don’t heal in a matter of weeks or months. Brain injuries, spinal cord damage, chronic pain, and disfigurement can last a lifetime and require ongoing treatment. These injuries also affect your ability to work, enjoy life, or care for your family. If you’re facing long-term or permanent consequences, Girdwood & Williams, PLLC, can help file a lawsuit to pursue compensation for future medical expenses, lost earning capacity, and the impact on your quality of life.
- Liability Is Being Disputed
It’s not uncommon for at-fault drivers or their insurers to deny responsibility after a crash. They may claim you were partially or fully to blame, even if the evidence says otherwise. When liability is in dispute, your ability to receive compensation can be delayed or denied entirely. Filing a lawsuit allows you to bring forward witnesses, accident reconstruction experts, video footage, and other evidence to prove who was truly at fault. It puts the decision in the hands of a judge or jury, rather than relying on the opinion of an insurance adjuster.
- You’re Facing Significant Emotional Distress
Serious accidents don’t just cause physical pain. They can also result in emotional and psychological trauma—PTSD, anxiety, depression, and sleep disorders are common after violent collisions. If this distress affects your day-to-day life, it should be taken into account when calculating damages. Insurance companies often undervalue or dismiss emotional pain. A lawsuit gives you the platform to tell your story and demonstrate how the accident has changed your life. Girdwood & Williams, PLLC, will employ the help of medical experts and mental health professionals so these damages can be documented and included in your claim.
- The At-Fault Driver Was Reckless or Criminally Negligent
Some accidents go beyond simple negligence. If the other driver was intoxicated, racing, or deliberately reckless, you may have grounds to pursue punitive damages in addition to standard compensation. Punitive damages are meant to punish extreme behavior and deter others from making the same dangerous choices. Filing a lawsuit allows you to bring this behavior to light and hold the responsible party accountable. It’s also a way to seek justice that goes beyond the criminal system, especially if no charges were filed at the time of the accident.
- There Are Multiple Parties Involved
Accidents involving commercial vehicles, ride-share services, or multi-car pile ups often include multiple liable parties. In these cases, sorting out fault and compensation can be complex. Employers, vehicle manufacturers, or third-party maintenance companies may share some of the blame. A lawsuit allows you to name all potentially responsible parties and pursue compensation from all responsible parties, rather than relying solely on a single insurance policy. Girdwood & Williams, PLLC, can guide you through this process, helping to maximize your recovery by identifying all avenues for compensation.
- Filing Protects Your Rights Before Time Runs Out
Every state has a legal deadline—called the statute of limitations—for filing a personal injury lawsuit. If you don’t act within that time, you could lose your right to seek compensation entirely. By consulting with Girdwood & Williams, PLLC, and filing a lawsuit within the required timeframe, you preserve your legal rights. Even if you later settle out of court, having an active lawsuit in place ensures you’re not cut off from the justice system.
- You Want to Maximize Transparency and Accountability
When you file a lawsuit, the case becomes a matter of public record. This can be important not just for your compensation, but for holding negligent drivers or companies accountable. For example, if a commercial vehicle operator has a history of safety violations, a lawsuit can bring these patterns to light and encourage better practices going forward. In some cases, victims also choose to file a lawsuit as a matter of principle. By standing up for yourself and taking your case to court, you can help prevent similar incidents from happening to others in the future.
When to Contact an Attorney
Not every car accident will require a lawsuit, but it’s worth speaking with an attorney as soon as possible to get the justice and closure you deserve. Filing a lawsuit isn’t just about money—it’s about justice, accountability, and protecting your future.
The attorneys at Girdwood & Williams, PLLC, understand how traumatic car accidents can be, and how frustrating it is to navigate the legal and insurance system on your own. We’re here to help evaluate your case, explain your options, and build a strong strategy to recover the compensation you deserve. Contact us today for a free consultation in Wilmington, NC. We’re here to fight for you so you can focus on healing and rebuilding your life.