The truth is, you can file this type of lawsuit or any lawsuit against another party at any time. There’s no restriction on doing that, but the important question is: How good is your case? Is it winnable at trial? Would the other side and their insurance company be willing to settle the case?
To determine that there are two things you would look at. Is the other party liable? Was it, the accident, their fault, and therefore should they have to compensate you for your injuries? And the second thing is: What is the value of your injuries? If you were hardly injured at all, and your injuries are worth $100.00, probably wouldn’t be worth filing the lawsuit. However, if your injuries are more severe, then definitely it would be, especially if you have serious injuries.
You could have, if it’s this type of accident, you could have all sorts of injuries depending on the speed that you were going and the other vehicle, and exactly what kinds of impacts you had. If you look at serious injuries like concussion, contusion, which is a bruise to your brain, penetrating injuries where something entered your brain, where you may have lost consciousness and actually lost oxygen to your brain, you could have brain damage. Did you have broken bones, facial fractures? Are you paralyzed now? Did you have amputations of limbs? Did you have burns? How serious were they? And the list goes on and on.
So you should definitely have a lawyer look at the case and help you to review all of these things to see, one: Is there liability? Is it the other party’s fault? And two: How much could you recover in the case? And then together determine whether to file the lawsuit.