Car accidents are painful, traumatic, and terrifying. Unfortunately, the distress doesn’t quickly dissipate even after a car accident victim begins healing from their injuries. Car accidents involving serious or catastrophic injuries can take many months or even years to resolve. In fault-based car accident insurance states like Texas, recovering compensation after an accident requires an in-depth investigation, documenting evidence of negligence and liability, meeting meticulous filing dates, carefully calculating damages like medical expenses and lost wages, and making a compelling claim for the maximum compensation available. Sadly, insurance companies are private businesses that prioritize their profits at the expense of injury victims, making recovering the full value of a claim an arduous process. But does that mean that your car accident case will end up in court?
Recovering Common Damages in a Car Accident Claim in Texas
Car accidents cause consequences to the victims that often go far beyond property damage to a vehicle. These consequences are the “damages” in a car accident claim. Many accidents have life-altering impacts, either temporarily or permanently. Tragically, some end in the wrongful death of a loved one. Common damages recovered in successful car accident claims include:
- Vehicle repair or replacement
- Medical expenses
- Future medical expenses for ongoing care related to the injury
- Reimbursement for lost wages
- Future income loss and/or diminished future earning capacity
- Compensation for pain and suffering
Non-economic damages like pain and suffering are intangible and difficult to quantify with a monetary amount but they are usually the most distressing aspect of injuries. In some cases, additional non-economic damages also apply like loss of enjoyment of life, disfigurement, or loss of limb.
If a loved one dies in a car accident in Texas, close family members can recover compensation through a wrongful death claim with the help of a wrongful death lawyer in Austin.
How Are Most Car Accident Claims in Texas Resolved?
A car accident case requires an investigation into the cause of the accident. Insurance companies hire adjusters to investigate accidents with the motive of protecting profits. An attorney for an injury victim performs a diligent investigation by examining evidence, the police report, and eyewitness testimony. They also consult with medical experts and examine a victim’s injury report to make a compelling case about the impacts of the injury on the victim’s personal and professional life. Once they’ve made a strong case, they present it in a demand package to the insurance company of the at-fault party. The insurance company reviews the demand package and the evidence their insurance adjuster submits on the case, and a series of negotiations typically begins.
An injury victim’s attorney will strongly advocate for their client’s compensation and seek the maximum amount available for their client throughout negotiations, sometimes requiring mediation sessions between all parties. Most car accident claims end with a settlement once all parties agree on an amount to cover the victim’s damages.
When Do Car Accident Cases Go to Court?
An estimated 95% of car accident cases end with an out-of-court settlement so the injury victims never have to step foot in a courtroom. In a minority of cases, the insurance company continues to dispute aspects of the claim, delay action, seriously undervalue the settlement amount, or wrongfully deny the claim altogether. In these cases, the injury victim and their attorney may choose to pursue legal action in court. In Texas, the statute of limitations for car accident lawsuits is two years from the date of the accident. Except under specific exceptions, the lawsuit petition must be filed within this two-year time limit to go to court.
Jury trials in car accident cases take longer to resolve than settlements, but juries are often sympathetic to injury victims. A court case for a car accident claim may end with a larger award for damages than the victim would recover in a settlement. Speak to a car accident attorney in Austin from Shaw Cowart to discuss your case and receive the settlement you deserve.