Automobile Accident Lawsuit: Can I Win My Lawsuit?

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Auto accidents can be devastating financially, physically, and mentally. Particularly bad accidents can cause serious injuries, high hospital bills, the inability to work, and slight case of PTSD. If you were in an accident and experience any of the symptoms, you may want to think about hiring an automobile accident lawyer.


Why an Automobile Accident Lawyer?

Auto accident lawyers can help you file a petition for a civil lawsuit against the other driver. Personal injury lawyers are experts in injury law, so they will be able to guide you through the lawsuit process. Even if you are not sure if you want to petition for a lawsuit, you can request a free consultation to talk about your accident and options.


Questions to Ask an Attorney at the Consultation

Car accidents can be overwhelming. The fact that you might not be familiar with car accident law can make that worse. Here are a few questions to ask at the first consultation:

  • What is the statute of limitation on automobile accident lawsuits?
  • How much compensation am I eligible for?
  • What is the likelihood that I will win this case?

What is a Statute of Limitations?

The statute of limitations is how long after an accident you have to get a lawsuit started against the other driver. The statute of limitation on filing a lawsuit varies from state to state. In Idaho if you are involved in an auto accident the statute of limitations is:

  • 2 years for personal injuries claims.
  • 3 years for property damage claims. 

What Kind of Compensation Might You Be Eligible For?

Like the statute of limitation, the compensation that you are eligible varies from state to state and case to case. If you are involved in a car accident in Idaho, you are eligible for these compensations:

  • Out of pocket expenses that are a result of the car accident such as storage and towing fees.
  • Damage to your property. This entails both your vehicle and anything stored in your vehicle.
  • Medical Costs. You can be compensated for past, present, and future medical costs that result from injuries acquired during the accident.
  • Lost wages. Past, current, and future time spent unable to work due to the accident. This includes time taken off work to attend doctors’ appointments, physical therapy, and court.
  • Temporary or Permanent Disability. This includes the cost of hiring someone to help you with simple tasks you can no longer perform alone.
  • Pain and Suffering. Compensation for physical and emotional pain.  

What is the Likelihood I Will Win My Personal Injury Lawsuit?

In order to win a personal injury lawsuit, you and your lawyer will need to prove that the other driver was at-fault because the other driver:

  • Should have prevented the accident
  • Was negligent and caused the accident. 

On top of that if you want to obtain compensation for medical costs, you will need to prove that the injuries resulted from the accident.


You should be aware that the other driver might have his own lawyer who will try to prove that his client was not at fault. The lawyer might claim that you were the one at-fault, you share in the fault, or another driver was at-fault for the accident. If you decide to file a lawsuit against the other driver, your lawyer will help you build a case to refute these claims.


Automobile accidents can cause emotional, physical, and financial strain. While you can only do so much to protect yourself against an accident, you can seek restitution after the accident. Just remember, as long as you are not at-fault for the accident, the law is on your side.