The short answer is yes. There are several reasons why someone can sue you after an auto accident. However, there are many steps before going to court, and having a good lawyer by your side can help you understand the process and mitigate the consequences of the lawsuit. Some of the most important reasons why someone might sue you after a car accident include the following:
According to Texas law, you need to have car insurance that covers certain limits:
While you won’t go to jail for failing to comply with these limits, you will have to pay out of pocket in case of an accident, and you will face other administrative consequences, such as impounding your vehicle and hefty fines.
One of the reasons you want to contact a lawyer immediately after an accident is that the statute of limitations for property damage and bodily injury in Texas is two years. This means that someone can sue you up to two years after the accident. A lawyer will guide you to settle the case from the beginning to ensure you won’t be sued later.
After the court accepts the other party’s claim, you’ll receive a notification or “be served” court papers. You have 20 days to respond or the court may enter a default judgment, after which the person who sued you may try to prove the value of their damages to get a final judgment. With a final judgment, the plaintiff may start collecting damages.
Taking action immediately after being served is your best choice. Even when you have the right to challenge a judgment, prompt action and defending your case are better and more manageable.
In Texas, you can defend yourself in court. While you may think this is a way to save money, it may cost you more. Judges expect that the person defending you understands the law and can answer legal questions without hesitation. Not knowing the technicalities of the court process may end up in you losing your case. An attorney can help in several ways:
A lawyer will first study all the paperwork regarding your case. This is one of the reasons why you should always keep any document that may be considered proof (hospital bills, medical records, copies of police reports, copies of insurance documents). It is vital to be honest with your lawyer and disclose any information that may be relevant to your case.
After studying the case, they may offer you an informed opinion about your chances to win the case if it goes to court.
If, after studying all the paperwork, your lawyer believes that you are at risk of losing the case, they will propose to help you settle the case out of court. This means that you’ll make an offer to the plaintiff, and if they agree with it, the court process will not continue. Settling out of court is faster and often cheaper.
Negotiating a settlement is a delicate matter. The plaintiff’s lawyers will want to get as much as possible for their client, so your best choice is to be represented by a professional who can convince them to compromise, at least to some extent, in your favor.
If you were unable to settle, the case would continue to court, where your lawyer will help you find and present evidence to support your case and will speak on your behalf. Keep in mind that lack of professional representation can be an important factor in losing the case.
As an American citizen, even if you are at fault for a car accident, you have rights that must be respected. Every lawsuit must follow due process of law, which means that all the proper procedures must be followed. A good lawyer will be able to spot inconsistencies in dates, paperwork, or any other matter that means that your rights were violated.
If this is the case, you may even have grounds for a dismissal of the lawsuit.
There are many car accident lawyers in Houston, but not all of them offer the same services or can guarantee the same quality. Before signing a contract or paying a retainer, it is essential to follow due diligence:
If you suspect you may be sued, or have recently been served court papers, we are ready to help you figure out your next steps. Book a free consultation with Abraham, Watkins, Nichols, Agosto, Aziz & Stogner to learn more about how our team can assist you in your car accident lawsuit.
Auto accidents are among the leading causes of unintentional injuries in Texas. According to information provided by the Texas Department of Transportation (TXDoT), 265,076 people were hurt in motor vehicle accidents in the state in 2016. Many of these accidents were incredibly serious, with more than 17,000 people suffered debilitating, long-term injuries and 3,700 people killed in traffic collisions.
Injured car accident victims are entitled to full and fair financial compensation for their losses. While victims can file a lawsuit to seek compensation, the overwhelming majority of Texas auto accident injury claims are settled before any formal litigation. As a car accident victim, you need to get a settlement offer that provides complete coverage for your medical bills and fair financial support for your family.
Under Texas law, auto accident victims are eligible to receive compensation equal to the value of their damages. For this reason, there is no true ‘average’ or ‘standard’ car accident settlement amount. All car accident claims must be viewed on an individualized basis. This includes when dealing with compensation. The compensation that an accident survivor is eligible for depends on the severity and amount of damage they suffer.
Some examples of compensation you may recover after an auto accident include:
Car accidents are dangerous and can lead to severe, life-threatening injuries that impact your life forever. While the compensation can lessen an accident’s monetary burden and financial challenges, some things can’t be taken back. Figuring out how to navigate a settlement offer is challenging without the help of an experienced attorney.
To maximize your Texas auto accident settlement, you must thoroughly document your losses. Insurance companies will look for any way that they can find to reduce the value of your settlement award. You will not get the total money you rightfully deserve if you cannot provide evidence and documentation that supports your claim.
The following are great examples of documentation that can help as evidence:
One of the biggest mistakes that car accident victims make is not preparing and presenting proof of their damages. This mistake can cost you thousands of dollars. Our Houston car accident lawyers have deep experience handling Texas personal injury claims. We are committed to helping victims maximize their settlement amount.
When considering car accident settlement amounts in Texas, one of the most important things you need to know is that a finding of partial fault will reduce the value of your settlement, perhaps substantially. This is because Texas is a comparative negligence state. When two or more parties share the fault for the same Texas traffic collision, the financial liability will be divided by each party’s percentage of the blame.
For example, consider a hypothetical case in which you were injured in a severe three-car accident on Interstate-10 in East Texas. In all, you sustained $50,000 in total damages. You incurred significant medical bills, were forced to miss work time, and experienced considerable pain and suffering. In this case, you would be entitled to a car accident settlement worth $50,000.
However, that is only true if you were not at fault for the crash. If an investigation determines that you were to blame for 30 percent of the crash, your settlement offer will be reduced by a corresponding 30 percent. Instead of recovering the entire $50,000, you may only be offered $35,000, with 30 percent of your total damages, or $15,000, is deemed your responsibility.
Insurance adjusters are trained professionals. They are hired to represent the financial interests of the insurance company that is defending your claim. You cannot and should not rely on an insurance adjuster for advice. If they can get away with it, they will try to settle your Texas car accident claim for the smallest amount possible. It is not advised that you go up against the insurance company on your own.
You should get an experienced Texas car accident lawyer by your side as early on in the claims process as possible. Your lawyer will be able to handle all correspondence and interactions with the insurance company, carefully building and presenting your claim and negotiating a maximum settlement offer for you. If the insurance company refuses to act in good faith and pay you the amount you are entitled to receive, your attorney will be able to file a lawsuit.
The aftermath of an accident can be not only stressful but also frightening. Trying to navigate the legal claim process by yourself is unwise and may lead to you recovering unfair compensation. At Sutliff & Stout, our Texas motor vehicle accident lawyers have years of experience helping people recover the financial compensation they deserve. We are proud to offer accessible communication and dependable legal services. Our clients are part of our family, and we want to make sure you come out with the best possible outcome for your case.
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