Suing After a Car Accident: What to Know

Car accidents, and the physical, emotional, and financial damages they cause, can be difficult for victims to recover from. Along with recovering from their injuries and dealing with the complexities of insurance claims, many victims wonder if they should consider filing a lawsuit in relation to their accident. 

The Lopez Law Group understands that the process can be confusing, so here we’ll detail common questions that victims have regarding suing after a car accident. 

Why would you sue after a car accident?

Following a car accident, victims will receive a settlement offer from the insurance company. Often, insurance companies try to defer liability completely or offer settlements that are not sufficient to the victim’s injuries, lost wages, and other expenses associated with the accident. After receiving a settlement offer, victims can attempt to renegotiate. 

If the involved parties cannot come to an agreement, filing suit against the at-fault party is an option for victims. Filing a lawsuit helps protect victims and their families by ensuring they don’t have to settle for an insufficient offer. 

What happens during a car accident lawsuit? 

During a lawsuit, the specific evidence regarding your case will be reviewed by the legal teams of each party. Lawyers will attempt to come to settlement regarding who is at fault and how much compensation will be paid. In the event that a settlement amount cannot be reached out of court, the case will go to trial and a judge will determine the outcome. 

How long can you sue after a car accident?

Car accident suits, like any lawsuit, must be filed within a specific amount of time following an incident. It’s important to notify the authorities and your insurance company as soon as possible following an accident, but each state will have its own statute of limitations regarding when you can file suit. 

In Texas, the statute of limitations for car accidents is two years, but the best course of action in car accident cases, specifically those involving injuries, is to contact an auto accident lawyer near you as soon as possible. Evidence is always easier to obtain when legal entities are involved earlier. 

Who should you sue after a car accident?

One of the most important aspects of any car accident lawsuit is determining liability. Liability refers to who is at fault for the accident, and proving liability is key to receiving damages in a car accident case. 

Every state has its own regulations regarding fault in car accident cases and how it pertains to paying compensation. Texas is an at-fault state, meaning that if a party is found to be 100% at-fault for an accident, they are legally required to pay 100% of the damages. In accidents with more than one at-fault party, the percent of damages each party must pay is based on the percent to which they are deemed responsible for the accident. 

When looking to file a lawsuit in relation to a car accident, it’s essential for an experienced auto accident attorney to help you determine who is at fault.

How much can you sue for after a car accident? 

The amount a victim can sue for in a car accident case varies depending on a variety of circumstances unique to the case. These include the extent and severity of the victim’s injuries, the amount of property damage incurred during the accident, and the effect the injuries have on the victim’s overall quality of life and ability to earn money. Every car accident case is unique, so it’s important to have your case evaluated by a legal professional in order to ensure that the damages you’re seeking are sufficient for your unique circumstances. 

How do you sue after a car accident?

If you are considering filing a suit in relation to a car accident, the best step is to find a reputable accident lawyer near you. Any lawsuit, particularly those dealing with injuries, should be handled by an experienced professional. An auto accident attorney can help you determine the answers to all of your questions and advise you on the best course of legal action in regard to your specific case. 

The Lopez Law Group Can Help

The Lopez Law Group, an experienced accident injury firm in Texas, is committed to helping car accident victims get the compensation they deserve. Our auto accident attorneys have decades of experience advocating for victims and helping to make the process of filing a car accident lawsuit easier. Our goal is to help our clients understand the many factors that contribute to compensation, liability, statutes of limitations, settlements, and trial. With our free, no-obligation consultation, we can help you understand your options and advise you on your next legal steps. 

The Lopez Law Group is proud to serve Weslaco, Mission, McAllen, Laredo, Edinburg, Corpus Christi, Brownsville, Harlingen, Houston, Tyler, Spring, and other locations throughout Texas. Contact us online or call (956) 968-7800 to schedule your free case consultation.