Every accident involving a moving or stationary car has the potential to be fatal. Whether you were cycling, driving, walking, or riding, even a minor collision with another vehicle can cause serious bodily harm or loss of life. With the burden that most injuries are, the last thing you want is to incur further financial losses alone when someone is clearly blameworthy for your woes. Luckily, car accident victims have an exclusive chance of recovering monetary compensation for their injuries and losses by filing a car accident case.
If you were in an auto wreck as a passenger, pedestrian, or motorist, you must know your rights. Many car accident victims do not get the justice they deserve due to limited knowledge in regards to Texas personal injury laws. Our auto wreck attorneys will help you understand what your rights are, and assist in getting the most out of your case. That said, it is equally important that you get to understand the process that filing a car accident case in Houston is, and what is expected of you.
While this guide provides a sneak preview of the complex matter that car accident lawsuits are, you should schedule a no-risk and free case review with our Lone Star Injury Attorneys for a personalized consultation.
Filing a Car Accident Lawsuit VS Filing an Insurance Claim
Sometimes car accident victims get confused about the difference between insurance claims and filing a car accident case. This is oftentimes attributed to the fact that compensation may be achieved in either context and that the end goal is the same. Be that as it may, these two processes are distinct, and involve different procedures.
Generally speaking, a car accident insurance claim, as the name suggests, involves settling a case with insurance companies. Oftentimes, the other party’s insurance pays for damages, but your company may also step in if they were underinsured or uninsured. Insurance companies, insurance adjusters, and your auto wreck attorney are usually the only parties involved. The process is largely straightforward and takes less time.
On the other hand, filing a car accident case or lawsuit involves petitioning the court to compel another party to pay your damages. A formal petition is written and filed in the Texas court system, from where the accused party is served a copy. The petition contains a demand letter detailing your grievances and what you seek to achieve in terms of damages. The other party, now the defendant, writes back accepting or denying your claim. At this point, the trial process is deemed to have officially begun. A jury or judge is appointed to determine the case based on evidence and legal arguments made before the court.
What to Do Before Filing a Car Accident Case in Houston
As mentioned, filing a car accident case in Houston is more challenging and involves complex legal requirements compared to settling with insurance companies. Therefore, you must be adequately prepared before you write a demand letter. You must:
- Recover evidence backing your claim
- Retain police reports about your accident
- Seek and follow up with medical treatment
- Document the accident scene
- Record eyewitness testimonials and contact information
- Consult a qualified car accident attorney
Taking these steps will help you get prepared and cover any loophole that may result in your case being dismissed. Although most car accident cases are resolved through negotiations with insurance companies, it is critical to have all your bases covered just in case an out-of-court settlement is not reached. In any case, it’s not mandatory to settle. Your attorney may decide to directly file a lawsuit without negotiating with insurance companies first.
How Long Do I Have to File a Car Accident Case in Houston?
Anyone who wishes to file a car accident case in Houston or anywhere in Texas has a maximum of two years to do so from the day of the crash. Many people get lost in the aftermath that they forget to meet this crucial legal requirement until it’s too late. The best way to ensure that you fulfill all requirements is by delegating this duty to a trial-tested attorney. Reputable personal injury law firms have the resources and expertise to get your case going as you focus on treatment and recovery.
Click to contact our personal injury lawyers today
Work With Our Team to File a Houston Car Accident Case
Filing a car accident case in Houston can be confusing and expensive. You need a hand to help you maneuver complex legal hurdles and achieve your goal-maximum compensation. Our dedicated car accident attorneys are ready to jump into action and protect your interests. Please get in touch with us today to get started.
Call or text (832) 346-9585 or complete a Free Case Evaluation form
