Can Someone File a Civil Suit for a Car Accident?
July 13, 2022

The injured car accident victim can file a civil suit to recover their accident-related damages. However, recovering damages from a car accident does not always require the time, expense, and risk related to a civil lawsuit.

The Insurance Claims Process

Arizona requires car owners to carry accident insurance on their vehicles. Therefore, the first source of monetary compensation after a car crash is the responsible party’s car insurance policy. An experienced car accident attorney can help an injured victim gather and present the evidence needed to recover damages in a car accident claim.

The insurance company will investigate the accident, examine medical documentation of the victim’s injuries, take statements from witnesses, and more when deciding whether to make a settlement offer or deny a victim’s claim.

A car accident attorney can advise the victim whether the settlement offer is fair and will cover any current and future accident-related losses. If no settlement offer is forthcoming or no reasonable compromise is reached, it may be in the victim’s best interests to move forward with a civil lawsuit.

It may also be necessary to continue with a civil lawsuit if the vehicle driver was underinsured or uninsured.

The Personal Injury Lawsuit

A civil lawsuit seeking compensation for auto accident injuries is a personal injury lawsuit. Car accident lawsuits are the most common personal injury lawsuit in Arizona.

Civil lawsuits are wholly separate from criminal legal proceedings. Some car accidents may result in both civil and criminal lawsuits. However, a criminal lawsuit is prosecuted by the State, not an individual, and the goal is to punish the offender, not compensate the victim.

Most personal injury lawsuits settle or are dismissed before reaching the trial stage as trials are risky and expensive for both the victim, or Plaintiff, and the insurance company, or Defendant.

Types of Compensation Available in a Personal Injury Lawsuit

There are typically two types of damages awardable in a car accident lawsuit. These are special damages and general damages.

Special damages, also called economic damages, are those with calculable dollar amounts like the following:

• Current medical expenses;
• Approximate future medical costs;
• Lost wages;
• Loss of earning capacity; and
• Property damage.

General or non-economic damages are more personal types of losses without attachable dollar amounts.

These may include but are not limited to:

• Pain and suffering;
• Mental and emotional trauma;
• Disfigurement;
• Loss of enjoyment of life; and
• Loss of consortium.

The damages above are common examples of compensation in a car accident case. A victim may or may not qualify for special and general damages.

Speak with an Experienced Arizona Car Accident Attorney Today

This article is by no means a substitute for a thorough legal evaluation of a car accident case. Always speak with an experienced Arizona car accident attorney before making any statement to an insurance adjustor or pursuing legal action.

At Knapp & Roberts, our car accident attorneys provide successful, reliable representation in personal injury claims and litigation. Contact us for an honest review of your accident claim.

Your consultation is complimentary and risk-free, so do not hesitate to call Knapp & Roberts in Phoenix today.