After a car accident, you may reach a point when you have to decide whether to file a lawsuit. If you've been working with an experienced car accident attorney, you have probably tried to negotiate a settlement of your claim. Your attorney may advise you that filing a lawsuit is the best course of action for various reasons.
For many people, this is the first time dealing with a legal claim that could lead to a lawsuit. It's hard to make the decision to seek relief in court. You probably have many questions about the lawsuit process and what to expect. If you have a good personal injury lawyer, you'll have plenty of help throughout the process of a car accident lawsuit.
What is a Car Accident Lawsuit?
A lawsuit involves filing paperwork in court to request help from a judge and jury in resolving your claim for compensation due to an accident. There are various Texas laws regulating the personal injury lawsuit process. For example, laws allow you and your lawyer to request documents and information from the insurance company and the other driver. They can request documents and information from you as well. Often, the insurance company wants to ask the driver questions about the accident during a formal question session known as a deposition. Your lawyer can walk you through the applicable laws and explain each step of the process.
Reasons to File a Car Accident Lawsuit
The decision to file a car accident lawsuit depends on the facts of your individual legal case. Your lawyer will help you assess whether filing a lawsuit makes sense, given what has happened in the case so far. For example, many car accident victims and their lawyers attempt to settle their cases with the insurance company. A settlement is an out-of-court agreement to resolve a claim, typically with the insurance company paying the injured person money to release claims that they otherwise would have the right to pursue in court. Settling typically involves an exchange of demands for money by the injured driver and lower offers from the insurance company in return. Your lawyer may advise you to make a settlement demand based on your medical bills, the cost of damage to your car, and other factors such as pain and suffering, physical impairment, emotional distress, and lost wages.
It's not always possible to settle a heavily disputed personal injury case. Sometimes, the insurance company's settlement offers are insultingly small compared to the injured driver's damages. In other cases, the parties may dispute who was at fault. There may be a liability issue when multiple drivers and insurance companies are involved. Or the other driver may work for a business, but the business argues that the driver was on personal time when the accident occurred. There are many reasons why a settlement might not be possible for your case. Be sure to discuss your case with your lawyer so you understand what is going on with settlement discussions. If your lawyer reaches an impasse with the insurance company, then you should have a talk about filing a lawsuit instead.
Resolving Your Case in Court
If you file a lawsuit, your case will work its way through the court system. As mentioned above, you have the opportunity to request documents and information to build your case. Talk to your lawyer about the discovery process as you move forward. Sometimes personal injury cases settle after you file a lawsuit, especially when facts that are particularly helpful to one side's case come out in discovery. Statistically, the overwhelming majority of lawsuits are settled without having to go to trial. However, if your case is unresolved, it will likely go to a jury trial.
Car accident victims who decide to file lawsuits should carefully listen to their lawyers’ instructions about discovery and court. An experienced personal injury lawyer will give you plenty of helpful advice and guide you through the process so you know what to expect. Help your lawyer help you by listening to their advice. They aim to win you the compensation you deserve for your accident, whether in court or through a settlement.
Our Personal Injury Legal Team Is Here For You
If you’ve been injured in a serious car accident, you need legal advice about your situation from an experienced personal injury attorney. Our firm represents all kinds of personal injury clients in Texas, helping them file lawsuits or reach settlements of their claims.
The lawyers at Duke Seth, PLLC, can help you learn more about your options during a free consultation. Contact us online or call us at (214) 466-1740 to set up your appointment today.
QUESTION AND ANSWER
Q: Do I have to pay taxes on my settlement?
A: Generally, you don’t have to pay federal income taxes on a settlement of a personal injury claim, including damages for medical expenses, pain and suffering, and lost wages. Punitive damages, however, are generally subject to taxation. A person receiving a personal injury settlement should nevertheless consult with a tax professional for the specifics of their situation.