The Grounds For A Lawsuit After A Car Accident In Texas

February 14, 2024 | Car Accidents

When a vehicle accident causes injuries or property damage, victims may be able to file a lawsuit to recover compensation. Even though most vehicle accident claims get resolved through a settlement with an insurance carrier, it may become necessary for an injury or property damage victim to file an actual lawsuit against the alleged negligent party.

Not All Car Accidents Result in a Personal Injury Lawsuit?

After a car accident occurs, the first step generally is not filing a personal injury lawsuit against the alleged negligent driver or party. However, that does not mean a lawsuit can’t be filed. Any time an injury occurs due to the negligent actions of another party, victims are likely able to file a lawsuit in civil court to recover compensation.

However, most vehicle accident claims get resolved through a settlement with one of the insurance carriers involved. Sometimes, these claims can get complicated and take some time to resolve as the insurance carriers work to confirm liability or determine how much compensation they will pay.

Unfortunately, most individuals carry minimum amounts of insurance, and an insurance claim may not cover all of the expenses a car accident victim incurs. Additionally, if an insurance carrier or at-fault party refuses to pay fair compensation, the only way to recover more may be to file a lawsuit directly against the at-fault party.

How Do You Know If You Have a Claim?

If another individual, entity, or business causes you harm due to their negligent or intentional actions, there is a good chance you have a personal injury claim. However, we encourage you to speak to a Austin car accident lawyer in your area who can examine the facts of your case and offer advice on the next steps moving forward.

In Texas, lawsuits related to car accident injuries must be filed within two years from the date the injury occurs, per the state personal injury statute of limitations. Failing to file a lawsuit within this time frame will likely lead to the crash victim becoming unable to recover compensation.

Filing a personal injury lawsuit could also help a crash victim recover more compensation than they otherwise would receive through a settlement with the insurance carriers. As we mentioned, many individuals carry only minimum amounts of insurance, and in Texas, these minimums are not likely to cover anything more than a minor injury. A personal injury lawsuit not only works to recover more compensation from an insurance carrier but can also recover compensation from the assets of the alleged negligent party.

Will an Attorney Help You File Your Claim?

There is no rule that says you need an attorney to file a personal injury lawsuit in Texas. However, these claims are challenging, and often, victims are left going up against aggressive insurance carriers and well-funded legal teams. A skilled Austin personal injury lawyer from the Bonilla Law Firm can get involved and conduct a full investigation into the claim, handle all negotiations with other parties, and prepare the claim for trial if necessary.