For most car accident victims, filing a personal injury lawsuit is a last resort. They’re typically able to reach a fair settlement with the liable party’s insurer, thereby mitigating the need to go to court. In some situations, though, suing is the best way to pursue compensation for the damages. Here are just a few such scenarios. 

3 Situations When You Should Sue Following a Car Accident 

1. When Insurance Will Not Cover Everything 

If the liable party does not have a large enough policy—or any policy at all—to cover all the damages you incurred, filing a lawsuit instead of a third-party claim may be advisable. However, this approach will only yield the funds you deserve if the defendant actually has enough assets to draw upon for the court-ordered payout. 

2. When There Is a Dispute 

If the insurance adjuster disputes their policyholder’s liability or your damages, going to court is an option. As long as you have sufficient evidence of both liability and losses, there’s a good chance the case will be resolved in your favor. It’s wise to seek legal counsel before actually proceeding to trial, though, so you can build the strongest suit possible prior to going before a judge or jury. 

3. When the Case Warrants a Punitive Award

In the state of Kentucky, accident victims are entitled to punitive damages when the liable party’s conduct was malicious, fraudulent, or oppressive. Although most collision claims are based solely on negligence, there are scenarios in which a punitive award may be warranted. One of the most common is drunk driving accidents. Insurers are unlikely to pay out punitive awards, though, so you’ll have to go to court to recover these damages. 

If you want to file a personal injury suit in Kentucky, turn to the strategic attorneys at Williams, Hall & Latherow, LLP. Located in Ashland, this firm has been counseling accident victims for nearly 20 years. They focus primarily on insurance defense, business law, medical negligence, and personal injury law. To request a case evaluation with a compassionate member of their team, reach out on their website or call (606) 329-1919.