Do I Have to Go to Court for a Texas Car Accident?

Do I Have to Go to Court for a Texas Car Accident?

Dealing with the aftermath of a car accident can be frightening, stressful, and, of course, frustrating. Even if you are lucky enough to escape with only minor injuries – perhaps just a few bruises and scrapes – you may have to face medical bills and repair your damaged car. As such, you will need to seek compensation, especially if someone else is to blame.

In most cases, you will not need to go to court to get a fair settlement – the at-fault party’s insurance carrier will be willing to settle. But things are not always so straightforward when dealing with insurance companies. Working with a knowledgeable Houston car accident attorney from the very beginning can help you explore your options and decide whether to either settle or go to trial.

Going to Court After a car Accident

In most cases, car accident claims are settled through mediation – going to court is not always necessary. If it comes to this, however, there is no reason to feel upset. Your experienced Houston car accident attorney will handle virtually every aspect of your case, including talking in the courtroom, to ensure that you get the maximum settlement you deserve.

The best thing about going to court is that you may qualify for a higher award as the judge or jury can easily establish fault and determine a fair settlement for you. In addition to economic and non-economic damages, the court may also grant punitive damages, especially if there’s a reason to believe that your accident-related injuries were caused by malice or gross negligence – § 41.003.

When is Going to Court Necessary?

1.If the Insurer Denies your Claim

When claiming damages after an auto crash, you need to keep in mind that most insurance providers do not have your best interest at heart. They will put profits first rather than help you recover. So, they may deny the liability of the motorist they insure to prevent losses. In such cases, going to court might be a necessity.

2.If the Insurer will Not Agree to Your Settlement Demand

Another good reason you may want to file a suit in court after a car accident is when the insurance company’s offer is a lot less than your settlement request. The adjuster might argue that your damages are unreasonable, and so they will not pay. If that happens, you may have grounds to take your case to trial and establish how much money you truly deserve.

3.You just Feel Like it.

Strange as it sounds, some car accident victims will want to take their case to trial, even when the insurance company is willing to settle. Such people believe that justice is best served when their case is tried and not settled.

Statute of Limitations for car Accident Cases

If you are considering a personal injury claim, you need to bear in mind that Texas has a strict time limit on your right to file a lawsuit in court. As per Sec. 16.00, two years is the standard time limit for most personal injury lawsuits. This time must not lapse before you file your personal injury claim. Hiring a skilled personal injury lawyer can help you avoid all the underhanded tactics that insurance providers use to ensure the statute of limitations expires before you get the full settlement you are owed.

Hire a Houston car Accident Lawyer

If you have been injured in a car accident caused by someone else negligence, our Houston car accident attorney can help recover a fair compensation from the responsible party. Please call us at 832-402-9332 today to establish whether you should settle or take your car accident case to court.