Filing a Car Accident Lawsuit: 5 Mistakes to Avoid

Patsy Patterson

Updated on:


If you’re involved in a car accident, the first thing you’ll do is ensure that you and everyone else in the car is okay. After that, you’ll probably think of suing the culprit who caused the accident.

However, filing a car accident lawsuit often tends to get complicated. This is especially true if it’s your first time dealing with such legal matters. You’re very likely to make a lot of mistakes trying to deal with the legal side of things.

To help you navigate this type of situation, here are a few mistakes you must avoid when filing a car accident lawsuit.

#1 Delaying Medical Attention

According to Forbes, a common and potentially damaging mistake made by accident victims is delaying or forgoing medical attention after a car accident. This mistake can jeopardize your health, undermine your claim, and create skepticism among insurance companies and courts.

Following an accident, even if you feel fine or have minor injuries, it is imperative to seek medical attention. Some injuries may not manifest immediately, and early treatment can prevent complications down the road. Moreover, having a medical record of your injuries and their connection to the accident is essential for building a strong case.

Waiting too long to seek medical attention can raise doubts about the severity of your injuries. Insurance companies may argue that your injuries were pre-existing or unrelated to the collision, potentially reducing the amount of compensation they offer. To avoid this mistake, always get a medical evaluation after an accident, even if you think your injuries are minor.

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#2 Not Gathering Sufficient Evidence

As reported by Finance Monthly, if you want to build a strong car accident lawsuit, you need substantial evidence to support your claims. Failing to collect enough evidence can seriously weaken your case.

Some common mistakes in this area include not taking photographs of the accident scene, neglecting to obtain contact information from witnesses, etc. After an accident, gather as much evidence as possible. This includes taking photos of the accident scene, damage to your vehicle, and any visible injuries.

This evidence can be invaluable in proving liability and demonstrating the extent of your injuries and losses. An incomplete record could result in a weaker case and less compensation.

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#3 Not Consulting with an Experienced Local Attorney

Car accident cases can be legally complex and require a thorough understanding of personal injury law, insurance regulations, and court procedures. According to Keith Law Group, attempting to navigate the legal system by yourself can result in costly mistakes and a lower chance of success.

An experienced attorney can help you avoid all of the previously mentioned mistakes and provide invaluable guidance throughout the entire process. Being a local of the area will allow the attorney or lawyer to better understand state or county regulations.

A few months ago, KNWA FOX24 reported a car crash in Rogers, Arkansas where six people were injured. If any victim were to file a lawsuit now, they’re more likely to get in touch with a car accident lawyer in Rogers AR. That’s because a Rogers lawyer will have better knowledge regarding the state and city laws. Thus, they can provide better clarity to their clients and help them properly navigate the case.

#4 Settling Too Quickly

The aftermath of a car accident can be overwhelming, and it’s natural to want to put the incident behind you as quickly as possible. However, rushing to settle your case can be a costly mistake, as explained on

Insurance companies often aim to resolve claims as swiftly as they can, sometimes offering settlements that may seem tempting at first glance. Unfortunately, these early settlements are rarely in the accident victim’s best interest.

Some injuries and their long-term consequences may not be immediately apparent. Settling your case before you fully understand the extent of your injuries and losses can result in inadequate compensation.

To avoid this mistake, take the time to consult with a personal injury attorney who can help assess the full extent of your damages. They can then negotiate for a fair settlement that accounts for your present and future needs.

#5 Not Following Legal Deadlines

Car accident lawsuits are subject to specific legal deadlines, known as statutes of limitations. These deadlines vary by state and depend on the nature of your case. However, they generally range from one to six years from the date of the accident. Failing to file your lawsuit within the applicable statute of limitations can likely result in the court dismissing your case.

To avoid this, it’s crucial to understand the statutes of limitations in your state and file your lawsuit within the prescribed time frame. However, don’t wait until the last minute. Building a strong case takes time, so consult with an attorney and initiate the legal process well in advance of the deadline.


If you’re filing a lawsuit, you obviously want to succeed and reap the benefits from it. Therefore, make sure you’re avoiding the mistakes discussed above. Doing so will increase your chances of winning your car accident lawsuit. This will help you avoid paying for the damages and injuries out of your own pocket and also get the justice you deserve.