When Should I Sue After a Car Accident?

After a car accident that led to injuries, expensive medical bills, damage to your vehicle, and time away from work, you might wonder what your legal options are. Injury victims often ask whether to accept an insurance settlement or file a lawsuit.

This blog will discuss when you should sue after a car accident, how long you should wait before filing a lawsuit, and how our car accident lawyer can help you if you decide to sue. All these will help you understand car accident lawsuit timing and your rights as a victim. If you need help deciding whether to sue or accept an insurance settlement, call us now at (713) 973-8888 or toll-free 1 (800) 444-5000. Our initial consultations are free.

Why Choose Our Car Accident Lawyer to Represent You?

Seeking compensation is never easy as there are many hurdles to overcome to have a successful claim. Our attorneys at Terry Bryant Accident & Injury Law make the process easier and have dedicated our careers to helping car accident victims get justice.

If you want to file a lawsuit, you can count on our experience and skills. Terry Bryant is Board Certified in Personal Injury Law by the Texas Board of Legal Specialization. As a result, we can provide excellent legal representation and build a solid claim to help you get a favorable verdict. We always prioritize your interests, so contact us to know how we can serve you.

We know the law and how to build strong cases, and our lawyers have the experience and resources to help you secure the best possible outcome. 

Is Suing After a Car Accident a Last Resort?

Most car accident victims file a lawsuit as a last resort, but it does not have to be. Usually, parties to a car crash prefer to resolve claims with a settlement from the at-fault party’s insurer. If both parties agree to settle, the victim will receive compensation for medical expenses, lost wages, pain and suffering, vehicle repair, and other monetary and non-monetary damages.

Car accident claimants prefer to settle because they see lawsuits as time-consuming, stressful, and costly. Others just want to receive their settlement and turn the page. While it’s true that lawsuits can be challenging, they are the best option in some instances.

For example, if you suffered catastrophic injuries, a lawsuit may serve you better as you are more likely to get a significant sum in a jury verdict than when you settle. Also, there may be a chance of receiving punitive damages through a lawsuit, if there is evidence of the at-fault driver being extremely reckless.

Suing can be your first and best option, depending on your case. Also, if you make suing a last resort, the statute of limitations might expire. This could be the result of the at-fault party’s insurer employing delay tactics.

When Should I Sue After a Car Accident?

When should you sue after a car accident? We discuss some scenarios below.

The Insurance Company Denied Your Claim

Insurance companies are for-profit businesses that always want to protect their bottom line. When they deny claims, they save money and increase their profit margin. This can be frustrating for the victim whose claim was rejected as they are faced with mounting bills and debt if they lack the means to cover them.

Many claims are denied in bad faith, while some denials are valid. Some common reasons for validly denying claims are:

• Filing after the deadline
• Policy exclusions
• Insufficient evidence
• Disputed fault.

If the at-fault party’s insurer denies your claim and you believe their denial is in unfair and have adequate evidence backing it, you can file a lawsuit to challenge the denial.

We can represent you if your claim was unjustly denied and help you prove the at-fault driver’s liability and the damages caused by the negligent act. 

The Insurance Company Offered a Lowball Settlement

Insurance companies often offer lowball settlements, or an amount that does not adequately cover your monetary and non-monetary losses. They do this to resolve cases quickly and cheaply.

We can negotiate a higher sum if you receive a lowball settlement offer. If the insurance company is unwilling to increase the amount, we can file a lawsuit and take chances with a jury.

Your Damages Exceed the Minimum Insurance Coverage

Under Texas car insurance laws, all motor vehicle owners must carry the minimum insurance coverage: $30,000 per person, $60,000 per accident, and $25,000 for property damage. However, these limits do not always cover the damages suffered by the victim, especially if they sustained severe or catastrophic injuries.

If your losses exceed the at-fault driver’s insurance coverage, you can file a lawsuit to recover the remaining amount. Here, you can pursue compensation directly against the at-fault driver, and the court can order them to pay the balance with their non-exempt assets.

The At-Fault Party Is Uninsured

Although Texas law requires drivers to have auto liability insurance, some operate without coverage. If an uninsured driver hits you, you have two options: file a claim with your insurer if you have uninsured motorist coverage or file a lawsuit.

If the at-fault driver has significant non-exempt assets, you may receive enough to cover your damages. If the driver has limited non-exempt assets, out firm may advise against a lawsuit filing.

How Long Should You Wait to Sue After a Car Accident?

Car accident lawsuits are subject to Texas’s statute of limitations. Under the law, you typically have two years to file a lawsuit, and the time starts counting from the accident date. (*Always speak directly to an attorney to learn the exact deadlines that apply to your potential claims.) Therefore, you should not wait for the time to elapse before suing. Missing the car accident lawsuit timing means forfeiting your right to compensation as you will be statute-barred.

However, before filing a lawsuit, try negotiating a settlement, gathering evidence, concluding medical treatment, and speaking to an attorney. Doing all of these will impact your case positively. Note that while negotiating, you can still file a lawsuit.

When deciding whether to sue, balance acting promptly and ensuring you have all you need to present a strong case.

What Is the Average Settlement After a Car Accident?

The average settlement varies from one case to the next and depends on several factors, such as:

• The severity of your injuries
• The total amount of medical expenses
• Lost wages and loss of earning capacity
• Pain and suffering endured because of the injury
• The amount of property damage
• The at-fault party’s insurance policy limits
• The presence of comparative fault.

To help assess the value of your case, we use receipts and bills for economic damages and either of these two methods for non-economic damages:

• The Multiplier Method: We multiply your economic damages by a number, depending on the severity of the non-economic damages. The more severe the injury and its impact on your life, the higher the multiplier.
• Per Diem Method: We assign a daily monetary value to your pain and suffering and multiply it by the number of days you suffered.

We can help you calculate damages, provide evidence to support your case and argue for full and fair compensation.

Do You Want to File a Car Accident Lawsuit? We Can Help!

If you’re considering filing a lawsuit for injuries and losses due to a car accident, we can help. We will file the necessary paperwork, conduct discovery and interviews, and advocate in court. We will also attend the settlement negotiations ordered by the court to see if we can resolve your case without going to trial.

If the case goes to trial, we will present evidence to prove your claim and convince the jury to grant a favorable verdict. Let us take the burden off your shoulders so you can focus on your recovery – contact Terry Bryant Accident & Injury Law at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free case evaluation.