Should I Settle Or Sue After A Texas Car Wreck?
An attorney can help you recover the maximum compensation you deserve
Car accidents are alarmingly frequent in Texas, with a crash occurring nearly every 50 seconds, according to the Texas Department of Transportation. Each year, over 600,000 accidents and 240,000 injuries result from these incidents in the Lone Star State alone.
In such cases, expenses can quickly pile up, including medical bills and lost income due to an inability to work. Fortunately, Texas law offers recourse for those injured by other drivers through the state's car insurance system.
Crash victims in Texas typically have two options when seeking compensation for their losses: accepting a settlement or initiating a car accident lawsuit. Fort Worth-based car accident attorney Coby L. Wooten, of Coby L. Wooten Attorney at Law, P.C., sheds light on the distinctions and weighs the pros and cons of each approach.
Understanding Texas’ at-fault car insurance system
In Texas, the at-fault driver's auto insurance typically covers the damages resulting from the accident. This system holds the negligent party responsible for compensating the injured party for medical expenses, lost wages, and pain and suffering.
However, navigating insurance claims and determining fault can be challenging, which is why seeking legal guidance from an experienced car accident attorney is often advisable.
Whether negotiating a settlement with the insurance company or pursuing a lawsuit in court, having knowledgeable legal representation can help ensure you receive fair compensation for your injuries and losses.
What is modified comparative negligence?
Modified comparative negligence is a legal concept used in Texas to determine fault in personal injury cases, including car accidents. Under this system, a plaintiff's compensation is reduced by their percentage of fault for the accident, as long as the plaintiff is not more than 50% at fault.
For example, if a court determines that a plaintiff is 20% at fault for a car accident and awards $100,000 in damages, the plaintiff would receive $80,000 (reflecting the 20% reduction for their share of fault). However, if the plaintiff is found to be 51% or more at fault, they are barred from recovering any compensation.
This principle significantly impacts whether you reach a settlement with the insurance company or file a lawsuit. For instance, if you're found partially at fault, it may affect the amount you can recover in a settlement negotiation or influence your decision to pursue a lawsuit in court.
What is a car accident settlement?
A car accident settlement is an agreement reached between parties involved in a car accident, typically facilitated through negotiations with insurance companies or legal representatives. It offers a timely resolution to the matter, providing certainty and closure.
It's worth noting that the majority of car accident cases are settled out of court, as this approach often saves time and avoids the uncertainty and costs associated with litigation. However, settling may result in potentially lower compensation and limited recourse compared to pursuing legal action through a trial.
Keep in mind that once you accept a settlement from an insurance company, that’s it. Your case is settled, and you can’t go back to ask for more money or pursue additional action against the insurance company.
What is the average settlement for a car accident with injury in Texas?
Determining the average settlement for a car accident with injury in Texas can be challenging, as it depends on various factors, such as the severity of injuries, medical expenses, lost wages, pain and suffering, and other damages incurred.
Settlement amounts can vary significantly from case to case. As such, it's crucial to consult with a knowledgeable attorney who can assess the specifics of your situation and advocate for fair and full compensation on your behalf.
Should I accept a settlement offer or file a lawsuit?
Deciding whether to accept a settlement offer or file a lawsuit after a car accident depends on various factors unique to your situation. Consider the following:
Settlement Offer
- Provides a quicker resolution: Accepting a settlement offer can bring closure to your case faster, allowing you to receive compensation sooner and move on with your life.
- Avoids uncertainties and expenses of litigation: By accepting a settlement, you avoid the risks, time, and costs associated with going to court, including attorney fees, court fees, and potential delays.
- May not fully compensate for damages: Settlement offers may not always reflect the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future rehabilitation costs. It's essential to carefully evaluate whether the offer adequately covers your losses. This is why it’s in your best interest to consult with an experienced car accident lawyer before accepting a settlement offer from an insurance company.
Filing a Lawsuit
- Allows for further negotiation: Filing a lawsuit opens the door for continued negotiation with the insurance company or the at-fault party, potentially resulting in a higher settlement offer.
- Potential for higher compensation: Through a lawsuit, you have the opportunity to present evidence, call witnesses, and argue your case in court, increasing the likelihood of obtaining a more substantial compensation award.
- Longer process and associated legal costs: Litigation can prolong the resolution of your case, requiring time for discovery, court hearings, and possibly a trial. Additionally, pursuing a lawsuit entails legal fees and expenses that can accumulate over time.
Consulting with an experienced attorney can help you weigh your options and make an informed decision based on your specific circumstances and goals. A lawyer can provide valuable guidance on the strengths and weaknesses of your case and help you navigate the legal process effectively.
How much time do I have to take legal action in Texas?
Like many states, Texas has a strict deadline for how long car accident injury victims can take legal action. From the date of your accident, you have two (2) years to file a car accident lawsuit seeking damages (in most cases). This deadline is known as the statute of limitations.
Two years might seem like a long time. But the longer you wait to take legal action, the harder it is to find the evidence you need to build a strong legal case. Witnesses might forget what happened. Traffic camera footage might be destroyed. Other physical evidence from your car crash might be lost. This is why you should act fast and talk to a lawyer right away.
The benefits of having a trial lawyer on your side
When facing a complex legal battle after a car accident, having an experienced trial lawyer on your side can provide numerous benefits, including:
- Litigation experience: Trial lawyers have extensive knowledge and experience in courtroom proceedings, including trial preparation, evidence presentation, and argumentation skills.
- Ability to negotiate from a position of strength: Insurance companies are often more inclined to offer fair settlements when they know you have a trial lawyer who is prepared to take your case to court. The threat of litigation can compel insurers to negotiate in good faith and offer favorable terms.
- Reputation for trial readiness: Insurance companies are aware of which attorneys are willing to go to trial and advocate vigorously for their clients' rights. Having a trial lawyer with a reputation for being trial-ready can strengthen your negotiating position and increase the likelihood of achieving a favorable outcome.
- Strategic guidance throughout the legal process: A trial lawyer will provide strategic guidance at every stage of your case, from the initial investigation to pre-trial negotiations and, if necessary, courtroom litigation. Their knowledge and experience can help you navigate the legal system and make informed decisions about your case.
Reviewing your potential legal options
If you were injured or a loved one died in a car accident, you have the right to seek compensation for your losses. Whether you’ve already received a settlement offer from the insurance company or you’re in the beginning stages of navigating the process, having an experienced car accident lawyer on your side can make a meaningful difference in the outcome of your case.
Attorneys Coby L. Wooten and Mattilyn Smith are experienced trial lawyers who know how to deal with insurance companies and fight for the maximum compensation crash victims deserve. To see how they can help with your potential legal case, contact us today for a free case evaluation. Our office is located in Fort Worth, and we offer legal representation to clients throughout Texas.
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