A car crash can turn your world around in a split second. One minute you’re driving home, the next minute you’re dealing with pain, medical bills, and insurance calls. Most individuals who find themselves in this situation start to wonder:
“Can I win a car accident lawsuit?”
and more specifically,
“How hard will it be?”
The truth is, winning a car accident case isn’t always simple. But with the right steps — and the right lawyer — it can be done. At Smith & Green, Attorneys At Law, P.L.L.C., we’ve helped many accident victims recover compensation for their injuries, lost wages, and emotional distress. Here’s what really affects your chances of winning and how to make your case as strong as possible.
Why Winning a Car Accident Lawsuit Isn’t Always a Snap
Every accident is different, so is every suit. Some individuals get reasonable settlements quickly, but others face long fights with insurance companies.
Below are the reasons why some cases are harder than they seem:
1. Proving Who Was at Fault
In any car collision lawsuit, the aces to success are to prove negligence — that someone else has caused the collision through carelessness. That could mean:
- Texting and driving
- Going through a red light
- Speeding or tailgating
- Driving drunk
Even if it’s obvious who was at fault, insurance companies will attempt to deflect blame away from you. That’s why good evidence and expert legal assistance are so important.
2. Insurance Companies Don’t Go Down Without a Fight
Insurance adjusters are skilled at defending their company’s interests — not your health. They tend to:
- Minimize your injuries
- Make lowball offers
- Delay payments
- Challenge your medical records
At Smith & Green, Attorneys At Law, P.L.L.C., we’ve seen these actions time and again. We know how to deal with insurance companies and push back until our clients get the compensation they deserve.
3. Comparative Fault Laws
For the most part in most states, even if the other party is responsible most of the way, you may lose a portion of your compensation if you were at fault.
For example, if you’re found 20% responsible for the crash, your final payout could be reduced by 20%. That’s why proving the other driver’s negligence is so important. An experienced car accident attorney knows how to present your case in the best light — with facts, evidence, and clear storytelling.
Building a Strong Car Accident Case
You win a car accident lawsuit by being well-prepared. The more evidence you present, the stronger your case is. Essential evidence is:
- Photos and videos of the accident scene
- Police reports and eyewitness testimony
- Medical reports showing your injuries and recovery process
- Pay stubs or work records to support loss of income
- Repair or replacement cost of your vehicle
At Smith & Green, we often call in accident reconstruction experts to show exactly how the accident happened. This form of expert testimony can be the deciding factor in a case — especially when fault comes into play.
How Much You Can Recover: What Makes the Difference?
No two car accident cases are worth the same amount. Your final recovery depends on several variables, including:
- The degree of your injuries
- How long you need medical care
Whether or not you can return to work
- Pain and suffering
- Emotional distress or trauma
- Damage to your property or vehicle
We make sure all the details — from therapy sessions to hospital bills — are documented and included in your claim. We work to help you recover every dollar you deserve.
How Long Does a Car Accident Lawsuit Take?
There is no specific timeframe. Some resolve in a matter of months, and others take longer — especially if they end up going to court.
These are factors that determine timing:
- The severity of your injuries
- Whether or not fault is in dispute
- How cooperative the insurance company is
- How soon you reach maximum medical improvement (MMI)
At Smith & Green, Attorneys At Law, P.L.L.C., we work effectively to gather evidence, close claims, and prepare documents, so your case is not prolonged for longer than necessary.
Errors That Will Make Your Case Weaker
Most people undermine their own case without realizing. To protect your claim, don’t do the following:
Not reporting the accident to the police
Delaying medical treatment
Talking to the insurance adjuster without a lawyer
Posting about the accident on social media
Accepting the first settlement offer
These mistakes benefit insurance companies. Your lawyer can guide you as to what to say (and what not to say) in order to preserve your case.
Do You Really Need a Lawyer?
You can make a claim yourself — but it’s a risk. The law is complex, and insurers have armies of lawyers who work to minimize payouts. Without a lawyer, it’s easy to settle for much less than your case is worth.
- A good car accident lawyer can:
- Handle all communication with insurers
- Gather and present medical and accident evidence
- Calculate your total damages
- Negotiate for a fair settlement or take it to court if needed
At Smith & Green, we practice contingency fee — you pay nothing if we lose your case. That’s our promise.
Final Thoughts: Winning Takes the Right Help
So how hard is it to win a car accident lawsuit?
It can be tough — but with the right evidence, strategy, and law firm, it’s certainly achievable.
If you were injured in an automobile accident, don’t navigate through the process alone. Allow the lawyers of Smith & Green, Attorneys At Law, P.L.L.C. to handle the insurance adjusters and paperwork for you so that you can focus on getting better.
Our experienced attorneys know how to fight for you, prove negligence, and get you the damages you deserve. Call us today for a free consultation — and get your life back on track.