Texas Car Accident Lawsuit
How Do I Know if I Should File a Lawsuit?
Any time you suffer injuries and resulting expenses from an accident caused by someone else in Texas, you can sue the at-fault driver. Whether or not you should file is more confusing. The best way to determine if you have a strong case worth filing is to talk to a lawyer specializing in car accident cases.
A lawyer should offer you a free case evaluation to give you answers to your big questions and provide advice. You can then choose a lawyer or firm to represent you if you decide to move forward with a lawsuit. These are some of the reasons you may want to sue after a car accident:
- You have serious injuries that may cause permanent disability or disfigurement.
- Your medical bills are high.
- You expect to have more medical and care expenses in the future.
- The injuries from an accident have limited your ability to work and earn a living.
- The insurance company you filed a claim with is not offering fair compensation.
- You lost a loved one in a car accident.
When is it Too Late to File a Texas Car Accident Lawsuit?
The statute of limitations on most personal injury cases in Texas is two years. This means you must file the lawsuit within two years of the car accident. After two years, it is most likely too late to file. The courts may make an exception in some cases, but it is not likely.
How Do I File a Texas Car Accident Lawsuit?
Filing a lawsuit over a car accident can be a complicated process that takes time and patience. You also need expertise and the right lawyer or firm on your side. Your lawyer will take most of these steps on your behalf:
- Hire a lawyer
The first step is yours. Find the right firm or attorney to represent you. It should be someone with years of experience working on behalf of car accident victims. They should be able to show you past wins for similar clients. - File a complaint
The lawyer you hire will officially begin the lawsuit by filing a complaint to notify the defendants and court of your allegations. - Build a case
During a discovery period, your lawyer will build a case showing that the defendant is liable for damages you incurred because of the accident. They’ll talk to witnesses and experts, gather physical evidence, hold depositions, and share information with the defendant’s lawyers. - Get a settlement
Most car accident cases end in a settlement. The defendant will likely be open to a negotiation in order to avoid a costlier trial. Your lawyer will advocate for you in negotiations. Only if you can’t get an amount that you consider fair and adequate will your case move to court. - Go to trial
In court, your lawyer will present all the evidence, bring witnesses and experts to testify, and argue to the jury that the defendants owe you damages. The defendant’s lawyers will argue the opposite and try to prove they are not negligent or liable for your damages. - Appeal
Even if you win a jury award, your case may not be over. The defendants can appeal. Your lawyer will then go to a higher court to argue that the verdict should not be overturned.
What Does My Lawyer Need from Me to Prove My Case?
A car accident case is a type of personal injury case. This means your lawyer must prove the other driver behaved negligently in the accident and that their negligence caused your injuries and resulting damages. To help your lawyer make your case, be honest and answer all their questions. Provide everything they ask for, which will likely include:
- Medical records and bills related to the accident
- Physical evidence you have from the accident, including photographs and video
- A police report from the accident
- Contact information for other people involved in the accident and witnesses
- Insurance information for the at-fault driver
- Your insurance information
- Information about your job and how the injuries limit your ability to work
What is My Texas Car Accident Lawsuit Worth?
The damages you may be able to recover in your lawsuit depends on several factors. Texas law does not put a cap on damages, but it does consider shared fault. If your case goes to trial and the defendants prove you share some of the blame, the judge will reduce any amount the jury awards.
Individual factors in your case also determine the damages total:
- The extent of your injuries
- Any permanent disability or disfigurement
- Any limitations to your ability to work and lost wages
- Medical bills resulting from the accident
- Estimated future medical expenses
- Pain and suffering, trauma, and other non-economic costs
Examples of Texas Car Accident Lawsuits
If you’re on the fence about filing a lawsuit, seeing examples of what other victims have been able to achieve may be helpful:
- The 39-year-old victim in a crash with an 18-wheeler settled the case for $140 million. The victim’s legal team was able to show that the truck driver was at fault and negligent. She violated state and federal trucking rules and had already caused numerous crashes previously. The large settlement reflected the fact that the victim was left paralyzed by the accident.[1]
- A crash in 2014 in Odessa left a young boy dead and his sister permanently injured. The mother of the children lost control of her vehicle in winter conditions and crossed the median. She collided with a tractor-trailer. The family sued the trucking company and won a jury verdict of nearly $90 million. The verdict may not stand as the company argues its driver was not at fault and was not speeding or driving recklessly at the time.[2]
- Mark Braswell, a Houston firefighter, died in 2014 after riding his bicycle into the trailer of a landscaping truck parked in the street. His widow and mother sued the insurer of the landscaper and went to trial when they refused to settle for a reasonable amount. The jury agreed with the family and awarded them $28 million. To avoid an appeal, the family agreed to settle for $10 million.[3]
A car accident lawsuit can be the best way to get compensation after a devastating incident. If you’re unsure what to do but have serious injuries and medical bills, contact a lawyer with expertise in car accidents and personal injuries. They can help you decide on the next step.