You may be feeling disoriented and uncertain after a car accident in Texas. The last thing you need is to have to handle a legal case when you are already coping with injuries from the accident. However, it is important to note that not every Texas car accident lawsuit goes to trial.
Even if you never enter a courtroom, you are still entitled to the damages you are due. The settlement amount you will be offered by the insurance company is almost always less than what you would be awarded if you took the case to court and won. In some cases, it is almost impossible to avoid a trial, which is why you should discuss your case with a skilled attorney.
Reasons You Might Have to Go to Court for a Car Accident
Going to court is almost certain if you sue the other driver involved in your vehicle accident. Multiple explanations exist for the possibility as to why a lawsuit may be necessary. These include:
Dismissing the Insurance Company’s Settlement Offer
Many car accident lawsuits can be settled without going to court. However, you should consider going to court if the insurance company doesn’t negotiate a fair settlement. Insurance companies are businesses and, like any business, they make the most money by giving out the smallest possible settlements.
If the insurance company won’t settle on your terms, the next thing you can do is go to court. If a big payout is at stake, the time and effort may be worth it.
The At-Fault Driver Doesn’t Have Insurance
You can file a lawsuit against an uninsured, negligent driver, but your odds of success are small. If they didn’t have insurance, the chances of them being able to pay for your damages are slim. But, if you take them to court, you may be able to hold them accountable for their actions.
Punitive damages are only one kind of compensation you can be eligible for if you file a lawsuit. You should speak with an attorney about your options if the person who caused your car accident is an uninsured driver.
What Happens When You Take Your Car Accident Case to Court
According to the American Bar Association (ABA), even if the other driver’s actions were not malicious, they can still be held legally responsible for the harm they caused. You can therefore file an insurance claim as the first step in pursuing compensation.
Your case may proceed to court if you can’t achieve a reasonable settlement with the insurance company for the at-fault driver. Here’s what to expect after your case goes to trial:
The Jury
Trial procedures vary from one state to the next. A jury may decide the primary issues in an automobile accident case.
Showing Proof
After the jury is selected and opening comments are given, the plaintiff’s side will present their case. The “burden of evidence” is with the plaintiff in such cases. Your personal injury lawyer may provide evidence such as testimony from witnesses to support your cause.
A doctor could be summoned to testify in court if you were hurt in the collision. You must seek immediate medical attention after an accident and be sure to save every receipt.
Steps to Take Before You Go for Trial
The parties will have several chances to agree on a settlement deal before a trial in a personal injury case. Here, you may be offered a settlement that is worth refraining from going to court.
You can choose to settle out of court if you are happy with the terms. But before you accept any offer, you should talk to an experienced car accident lawyer. Personal injury claims that make it to a courtroom could get you better compensation.
If you have a strong case against the negligent driver and are represented by an experienced car accident lawyer in Texas, your chances of winning the case increase. Preparing a court claim could show the insurance company that you won’t back down until you get a fair settlement. However, be quick in deciding the legal path since there is a time frame attached to all personal injury claims.
Seek Fair Compensation within the Allowed Deadline
If you’re thinking of suing the driver who caused your accident, don’t wait. Each state has its own statutes of limitations, but the clock starts ticking on the day of the accident. Don’t risk losing your right to compensation by missing the filing deadline without talking to a personal injury attorney in Texas in time.
The Role of a Car Accident Attorney in Texas
The vehicle accident lawyers at The Buzbee Law Firm can assist you in resolving your case, including helping you reach a fair settlement with the insurance company or litigating your case in court.
We will investigate the circumstances of your vehicle accident, interview witnesses, and compile all the evidence you need to win your case. If you were in a car accident and want to know how to seek compensation for your damages, contact The Buzbee Law Firm immediately. We can take care of everything from filing an insurance claim to representing you in court.
