After a car accident, you may be facing mounting medical bills, missed time from work, vehicle repairs, and a lot of stress about what comes next. If the accident wasn’t your fault—or if someone else’s negligence played a role—it’s natural to wonder: Can I sue? Should I sue? What does it actually involve?
The truth is, many accident victims have a legal right to pursue compensation through a personal injury claim. However, whether you can or should sue after a car accident depends on several important factors, including how the accident happened, who was at fault, the extent of your injuries, and the insurance coverage available.
In this guide, we’ll walk through the key issues that determine whether a lawsuit might be necessary, what suing after an accident looks like, why early legal advice is critical, and what steps you should take right away to protect your rights.
When You May Have The Right To Sue After An Accident
Not every car accident automatically results in a lawsuit. In fact, many claims are resolved through insurance settlements without the need to ever file in court. However, there are certain situations where filing a lawsuit may become necessary, including:
- The other driver denies fault and refuses to accept responsibility.
- The insurance company refuses to offer a fair settlement, or denies your claim altogether.
- Your injuries are serious or permanent, leading to large medical bills, lost income, or long-term disability.
- There are disputes about how the accident happened, or multiple parties may share blame.
- The at-fault party’s insurance coverage is insufficient to cover the full extent of your damages.
If you are facing any of these issues—or if the insurance company is dragging its feet—a lawsuit may be the best way to protect your financial future and pursue the compensation you deserve.
Why You Need a Lawyer After an Accident
Deciding whether to sue—and making sure you build the strongest case possible—can be overwhelming without the right help. That’s why it’s critical to speak with an experienced accident lawyer early on.
An attorney can:
- Evaluate your case honestly and explain your legal options.
- Gather critical evidence quickly, before it can be lost or destroyed.
- Handle all insurance company communications, so you don’t get pressured into a lowball settlement.
- Protect you from contributory negligence defenses (especially important in states like North Carolina, where even 1% of blame can bar your recovery).
- Accurately calculate damages, including future medical expenses, lost earning capacity, and pain and suffering.
- Take your case to court if the insurance company refuses to negotiate fairly.
Insurance companies have teams of adjusters and lawyers working to minimize what they pay. You deserve someone equally focused on protecting your interests—and fighting for the compensation you deserve.
Key Factors That Determine Your Ability To Sue
Several important factors influence whether you have a strong legal claim after a car accident:
1. Fault And Negligence
To successfully sue after an accident, you must show that the other driver (or another responsible party) was negligent. Negligence means they failed to exercise reasonable care, leading to the accident and your injuries.
Common examples of negligence include:
- Speeding
- Distracted driving (like texting)
- Driving under the influence of alcohol or drugs
- Failing to yield the right of way
- Running a red light or stop sign
- Reckless or aggressive driving
In states like North Carolina, the rule of contributory negligence applies. This means that if you are found even 1% at fault for the accident, you could be barred from recovering compensation. Proving clear fault is critical.
2. Severity Of Injuries
If you suffered serious injuries—such as broken bones, spinal cord injuries, traumatic brain injuries, or anything requiring significant medical care—you are much more likely to need to sue to recover full compensation. Serious injuries often involve long-term care needs, lost earning capacity, and higher non-economic damages like pain and suffering.
3. Insurance Coverage Issues
If the at-fault driver has minimal insurance coverage—or no insurance at all—you may need to explore additional legal options, such as suing personally or using your own uninsured/underinsured motorist (UM/UIM) coverage.
4. Statute Of Limitations
Every state has a time limit for filing a lawsuit after a car accident. In North Carolina, for example, you generally have three years from the date of the accident to file a personal injury lawsuit. Missing this deadline can permanently bar your right to recover.
What Happens If You File A Lawsuit?
Filing a lawsuit doesn’t necessarily mean your case will go to trial. In fact, most car accident lawsuits settle before reaching a courtroom. However, once a lawsuit is filed:
- Formal discovery begins: Both sides exchange evidence, request documents, and take depositions of witnesses and parties involved.
- Mediation or settlement discussions often happen, where both sides try to reach an agreement without a trial.
- If no settlement is reached, the case proceeds to trial, where a judge or jury decides fault and the amount of compensation.
Filing a lawsuit puts pressure on the insurance company to take your case seriously. It shows that you are willing to fight for full and fair compensation if necessary.
Contact Auger & Auger For Help After An Accident
If you’ve been injured in a car accident and are wondering whether you have the right to sue, the best thing you can do is get honest, experienced legal advice as early as possible. Every case is different, and understanding your rights now can make a significant difference in your financial recovery later.
At Auger & Auger Accident and Injury Lawyers, we’ve spent over 30 years helping accident victims across North Carolina pursue justice and fair compensation. We understand the complexities of fault, insurance negotiations, and litigation—and we’re ready to stand by your side every step of the way.
With our Zero Fee Guarantee, you pay nothing unless we recover money for you.
Contact us today for a free, no-obligation consultation. We’ll review your situation, answer your questions, and help you understand whether filing a lawsuit is the right next step for you.
