Filing a car accident lawsuit is a way to seek compensation for injuries and damages caused by another’s negligence in an accident.
If you’re the victim of a car accident, the legal process may feel intimidating. You don’t know what to expect, and you can quickly get overwhelmed by all the legal jargon.
Well, not to worry. We’ll take you through the process step by step, and at No Bull Law, we prefer to cut through the jargon and get to the point.
(And by the way, if you’d like to get advice that’s tailored to the specifics of your case, you might take us up on a free legal consultation with our car accident experts. You can get even more specific answers that way.)
In this article, we’ll cover who’s liable in car accidents, what to expect during a car accident lawsuit in Texas, and why an experienced attorney is essential for fair compensation.
Who Pays for a Car Accident Lawsuit in Texas?
In Texas, the at-fault driver is legally responsible for covering the other party's damages. Most drivers manage this through liability insurance.
When you file a car accident claim, you usually will negotiate with their insurance company first.
Under Texas law, drivers must carry at least the minimum required liability coverage for:
- Bodily injury to one person: $30,000
- Bodily injury to multiple people: $60,000
- Property damage: $25,000
However, if your damages exceed the limits of the at-fault driver’s insurance, you could still file a lawsuit.
Besides the at-fault driver, there are several other parties who may share responsibility for a Texas car accident:
Despite the mandatory liability insurance coverage, around 20% of Texas drivers remain uninsured, which then raises the following question:
What Can You Do if the At-Fault Driver Lacks Car Insurance?
If the at-fault driver is uninsured, you may have alternative means of receiving compensation, such as:
- Uninsured/underinsured motorist (UM/UIM) coverage
- Personal Injury Protection (PIP).
Both options offer critical safeguards in Texas for those injured by drivers with little or no car insurance, in hit-and-runs, or accidents with stolen vehicles.
By law, Texas insurers must offer this coverage unless waived in writing.
Your attorney may also try to get compensation from third parties. For example, if there was a defective part in one of the cars that contributed to the accident, or in drunk driving cases, they might hold the establishment that served the alcohol accountable (through dram shop liability).
An attorney experienced in personal injury law will investigate all potential compensation sources to maximize recovery, which is why it’s important to get a consultation ASAP after the accident.
Why You Might Sue Someone (or Be Sued) After a Car Accident (Even with Auto Insurance)
Most car accident claims are settled out of court, as a lawsuit can drag out the process and ramp up costs for both parties.
However, you might sue someone (or get sued) when insurance isn’t enough to cover damages or when negotiations fail and a fair settlement can’t be reached.
(Having an experienced lawyer at your side can help prevent this from happening, but can also represent you in court when it does.)
These are some common scenarios where legal action may be taken:
- Insurance provider denies liability: If the at-fault party's insurance company denies responsibility for the accident, the car accident victim may sue to seek compensation for damages.
- Refusal to negotiate a fair settlement: If an insurance provider undervalues the claim and refuses to negotiate, a lawsuit may be pursued to obtain full compensation.
- Significant injuries: If the accident results in severe injuries, such as those requiring long-term medical care or causing loss of wages, a lawsuit may be necessary to secure full compensation.
- Chronic conditions: If the accident leads to chronic pain or long-lasting disabilities, legal action may be required to address ongoing costs and impacts on quality of life.
- Comparative negligence: The insurance company might go to court to argue that the accident victim shares responsibility for the accident, seeking to reduce the payout under Texas comparative negligence laws.
- Defense to claim: Insurance providers may take the case to court if they believe there is a valid defense, such as the expiration of the statute of limitations.
Filing a lawsuit after a Texas car accident can feel overwhelming, but understanding each step can help you navigate the process with confidence:
1. Hiring an Attorney
Your first legal step after a car accident should always be to consult with a personal injury lawyer.
They have gone through the complex legal process thousands of times, know how to make an accurate claim, and can get you a much higher settlement.
At No Bull Law, our dedicated team of personal injury lawyers is here to work diligently on your behalf to maximize your compensation and alleviate the stress of dealing with legal matters.
Plus, we offer a free case consultation to help you understand your options and get started on your case.
2. Gathering Evidence:
Right after the accident, you’ll need to gather key evidence by:
- Taking photos of the vehicles, scene, and any damage
- Exchanging information with the other driver, including license and insurance details
- Collecting witness statements, if possible
- Filing a police report
Note: Texas law requires you to file a police report if the accident results in injury, death, or property damage over $1,000.
3. Seeking Medical Treatment
Immediate medical attention is crucial for both your recovery and your case.
Medical records and bills serve as key evidence, documenting the severity of your injuries, treatments, and costs. This evidence is essential to support your claim for medical expenses in your lawsuit.
4. Filing a Car Accident Claim
You can’t directly sue the at-fault driver’s insurance company in Texas. Instead, you must file a claim against the driver.
After gathering accident details, your personal injury lawyer will present the case and negotiate with the insurance company on your behalf to secure fair compensation.
If the insurer denies or undervalues the car accident claim, legal action may be pursued against the driver.
5. Negotiating Pre-Litigation
Pre-litigation negotiations often follow.
Here, your attorney will directly present evidence of liability and damages, such as medical bills, repair costs, and proof of lost wages, to the insurance adjusters.
These negotiations aim to reach a fair settlement and resolve the claim without filing a formal lawsuit.
6. Filing a Complaint
If negotiations with the insurance company do not yield satisfactory results, your attorney will proceed to file a formal complaint, initiating the lawsuit.
This complaint outlines your claims against the defendant, detailing the parties involved, the facts of the case, and the damages sought.
Your attorney will file the complaint in the appropriate civil district or county court, depending on the court’s jurisdiction over the case.
7. Participating in Interrogatories and Depositions
If the case proceeds to litigation, both sides will engage in interrogatories (written questions) and depositions (formal, sworn testimony).
You may be asked to answer detailed questions about the accident, your injuries, and the impact on your life.
Your lawyer will prepare you for this process, ensuring you understand the questions and providing support during depositions to protect your interests and navigate legal complexities.
8. Engaging in the Discovery Process
The discovery process involves both parties exchanging critical evidence like medical records, police reports, accident scene photos, repair estimates, etc.,
Your lawyer will identify and request key evidence, carefully reviewing every piece to ensure no detail is missed.
They will also seek out vital information, such as traffic camera footage, which can provide valuable insight into the accident.
9. Choosing Between Settlement and Trial
After discovery, most cases are either settled or proceed to trial:
- If a fair settlement is offered that compensates you for all your damages, your attorney will advise whether it’s in your best interest to accept.
- If negotiations fail, the case moves to trial, where a judge or jury will determine liability and award damages based on the evidence presented.
Many cases settle at this stage to avoid the uncertainty of a trial verdict.
Why would you choose a settlement over a lawsuit or vice versa?
Here’s a quick comparison:
May need to pay fees even if you lose (e.g., court filing fees, expert witnesses, and administrative costs)
10. Disbursing Settlement Funds
Once a settlement is reached, the funds are processed and disbursed.
The settlement check is issued to your attorney, who deposits it into a trust account. From there, your attorney will pay off any medical liens or legal fees and then disburse the remaining amount to you.
How much can you expect?
Car accident settlement amounts in Texas can vary widely depending on the severity of injuries and the impact on your life. But typically:
- Minor injuries, like whiplash or bruising, with short-term treatment, settle for $10,000–$25,000.
- Major injuries, such as fractures requiring extensive care, range from $50,000–$175,000.
- Catastrophic injuries, including traumatic brain injury or paralysis, often exceed $100,000, with some cases reaching $1 million or more.
But these outcomes are often achievable only with the expertise of a skilled attorney by your side.
11. Dealing with an Unfavorable Outcome
If your car accident case does not result in a favorable outcome, there are still options, such as appealing the decision.
Here, your lawyer can evaluate the grounds for an appeal, advise on potential legal errors, and negotiate settlement options to maximize your compensation.
As you can see, there are a lot of steps involved in a car accident case and it may take a while to conclude, especially when you don’t reach a settlement before litigation.
How Long Does a Car Accident Settlement Take in Texas?
Typically, settlements take 6 to 9 months, but more complicated cases, especially those with serious injuries or contested fault, may take several years.
The time to settle a Texas car accident claim very much depends on factors like case complexity, injury severity, and liability disputes. Delays can arise from disagreements over injuries, multiple parties involved, gaps in medical treatment, or lowball offers from insurance adjusters.
Many people assume that a car accident case only covers property damage and medical bills. However, with the guidance of a personal injury lawyer, you may be eligible to claim various other types of damages:
A. Economic Damages
Economic damages cover financial losses directly related to the accident, such as medical bills, property repairs, and lost income:
- Property Damage: This covers the cost of repairing or replacing your vehicle or any personal property damaged in the auto accident. It includes the cost of rental cars while your vehicle is being repaired.
- Medical Expenses: Reimbursement for current and future medical treatment, including hospital bills, surgeries, rehabilitation, medications, and ongoing care related to accident injuries.
- Lost Wages: Compensation for the income lost due to time off work while recovering from your injuries. This can also include future lost earnings if the accident leads to a long-term disability or reduced earning capacity.
B. Non-Economic Damages
These compensate for non-monetary impacts of the accident, like pain and suffering or loss of companionship:
- Pain and Suffering: Compensation for the physical pain, discomfort, and emotional distress caused by the auto accident. The more severe and long-lasting the car accident injury, the higher the potential compensation.
- Loss of Affection, Companionship, or Consortium: These damages compensate for the emotional impact on close relationships (like a spouse or partner) due to the car accident injury or trauma, without the loss of life.
C. Punitive Damages
Punitive damages may be awarded in cases of gross negligence, such as when a driver causes an accident while intoxicated or if a company allows a driver with a dangerous record to operate a vehicle.
These damages are meant to punish reckless behavior and deter similar actions in the future. However, they are rarely granted and are only used in extreme cases.
D. Wrongful Death Damages
In cases of fatal car accidents, both economic and non-economic damages are recoverable.
These can include funeral expenses, lost earnings, and the emotional suffering endured by surviving family members.
A personal injury lawyer will assess the total cost of all these damages and help you make an accurate claim. With that said, damages aren't the only factor that will determine your case's outcome.
From clear liability to the severity of injuries and more, here are several factors that can impact the outcome of your lawsuit:
- Liability: Clear liability — such as in straightforward cases like rear-end collisions — often leads to quicker resolutions, as responsibility is more straightforward to establish. Conversely, cases with ambiguous fault can extend the legal process, requiring more in-depth investigation to determine responsibility.
- Severity of Injuries: Serious injuries, like fractures or spinal trauma, often lead to significant medical costs and lengthy recovery times. This can extend case timelines due to the need for thorough evaluations and detailed documentation. Additionally, the more serious your injury, the more compensation you’ll need to cover long-term care, lost wages, and the effect on your daily life.
- Modified Comparative Negligence: In Texas, modified comparative negligence affects car accident lawsuits by assigning compensation based on fault. If a driver is more than 50% responsible for the crash, they can’t collect damages. For example, if one driver is 25% at fault, they can only recover 75% of their damages. Courts and insurance adjusters use this rule to determine compensation eligibility.
- No-Fault Insurance: In Texas, car accidents are handled under an at-fault insurance system, meaning the driver deemed responsible for causing the accident (and their insurer) must pay for the damages. This system is the foundation of how claims are filed— if you’re found primarily responsible, your insurance is expected to cover the other party’s damages.
- Jurisdiction and Plaintiff-Friendly vs. Defendant-Friendly Courts: Court jurisdictions can significantly affect the outcome of car accident lawsuits. Some areas, such as the Rio Grande Valley and parts of East Texas, including Henderson County, are considered plaintiff-friendly, where juries are more likely to award higher damages. On the other hand, defendant-friendly areas, like parts of Dallas, tend to favor lower payouts.
A lawyer will take into account all of these factors to make your case as strong as possible. They’ll also help you prevent the common mistakes that could put your car accident lawsuit at risk.
What Mistakes Can Hurt Your Car Accident Lawsuit in Texas?
From missed deadlines to sharing too much on social media, here are some pitfalls to avoid if you’re pursuing a car accident lawsuit:
- Not Reporting the Accident to the Police: In Texas, not reporting a car accident within 10 days weakens your case. Without a police report, it’s harder to prove fault or damages, making it easier for insurers to dispute your personal injury claim.
- Misrepresenting Facts: Insurance companies have access to extensive investigative resources, making it easy for them to verify or disprove claims. Any exaggeration or false information can damage your credibility, weaken your case, and reduce your chances of receiving fair compensation.
- Trying to Represent Yourself: Representing yourself means facing experienced insurance lawyers, risking low settlements, or signing unfair legal documents. Without an experienced car accident lawyer by your side, you may miss critical evidence or overlook essential procedures that could weaken your case.
- Posting on Social Media: Posting about the accident or your recovery online may be used against you by insurers, as they could argue your injuries are not as serious as claimed.
- Accepting the First Settlement Offer: Initial settlement offers are often lower than what you deserve — accepting too soon can prevent you from securing full compensation.
- Missing Doctor Appointments or Ignoring Medical Advice: Skipping medical appointments can suggest that your injuries aren’t severe, weakening your case for damages.
- Missing the Statute of Limitations: In Texas, the statute of limitations for filing a car accident lawsuit is generally two years from the date of the driving accident. Failing to file within this timeframe can result in your case being dismissed by the court, meaning you won't be able to recover any compensation for your damages or injuries.
Note: The time frame can be extended in some instances, such as if the accident victim is under 18, the injury led to death, or the injury was not immediately apparent.
To avoid these missteps, a skilled attorney can be your greatest asset for a successful outcome.
As already mentioned, a lawyer with experience in personal injury law, like those at No Bull Law, can help you accurately assess damages and avoid legal mistakes.
They help you make the stronger case possible to get the compensation that you deserve.
Below are six more reasons to get yourself a car accident attorney.
1. Expert Guidance Through Legal Complexities
Navigating a car accident lawsuit involves intricate legal procedures that can be overwhelming for any car accident victim.
A personal injury lawyer not only provides essential legal expertise but also offers strategic insights tailored to your unique case.
They help you understand key legal terms, deadlines, and procedural requirements, ensuring you don’t miss critical steps that could jeopardize your claim.
2. Protection from Insurance Tactics
Once you hire an attorney, they handle all communications with insurance companies, preventing adjusters from pressuring you into accepting a low settlement.
This ensures the insurer can no longer contact you directly, safeguarding you from unfair tactics.
3. Maximize Your Compensation
A skilled car accident lawyer knows how to assess both the economic and non-economic impacts of your injuries, ensuring all damages — including medical bills, lost wages, and emotional suffering — are accounted for.
What’s more? According to a 2014 Insurance Research Council study, plaintiffs typically receive 3 to 3.5 times more compensation when represented by a lawyer.
Additionally, 85% of all insurance payouts for bodily injury claims go to individuals with an attorney, demonstrating the clear advantage of legal representation in maximizing your compensation.
4. Pay Only If You Win
A personal injury lawyer typically works on a contingency fee basis, meaning they get paid only after you’ve been paid, so you don’t have to worry about paying the fees upfront.
At No Bull Law, we follow a “no fee, ‘less we win” policy, which means you only pay when you receive compensation. Plus, every Texas car accident lawyer is limited to collecting 33% to 40% of the final settlement.
5. Comprehensive Accident Investigation
An experienced lawyer will investigate the driving accident thoroughly, collecting medical records, witness statements, and evidence and handling necessary documentation while you focus on recovering.
They ensure that no key details are missed, which is crucial to building a solid case.
6. They Can Represent You in a Personal Injury Lawsuit if Required
If there is no fair settlement, you can take your personal injury claim to court.
A Texas car accident lawyer with prior courtroom experience can represent you during the court appearance, which can give you peace of mind.
Don’t Get Taken for a Ride: Trust No Bull Law for Real Results
A car accident lawsuit in Texas doesn’t have to be daunting.
Understanding the process, your rights, and the mistakes to avoid can make all the difference in getting the outcome you deserve.
At No Bull Law, we’re committed to guiding you every step of the way, cutting through the legal bull for a smoother path to justice. Whether you’ve been involved in a truck accident, bus accident, motorcycle accident, or any other type of vehicle collision, we’re here to provide the support you need.
If you’re ready to take the next step, contact No Bull Law for a free case consultation today, and let us help drive your case to success.
