{"id":169,"date":"2023-10-12T21:13:39","date_gmt":"2023-10-12T21:13:39","guid":{"rendered":"https:\/\/www.themejialawfirm.com\/?p=169"},"modified":"2024-04-01T17:04:15","modified_gmt":"2024-04-01T17:04:15","slug":"how-car-accident-lawsuits-in-texas-work","status":"publish","type":"post","link":"https:\/\/www.themejialawfirm.com\/blog\/how-car-accident-lawsuits-in-texas-work\/","title":{"rendered":"How Car Accident Lawsuits in Texas Work"},"content":{"rendered":"
You suffered serious injuries in a car crash somewhere in Houston. Now, not only do you have mounting medical bills, but you can’t make ends meet in light of the significant lost wages you’re accumulating. What do you do? You may realize that taking legal action is the best course of action when you suffer losses and want to recover a settlement. However, you may be unclear about how car accident lawsuits in Texas work, knowledge that is necessary to determine the best path forward in your case.\u00a0<\/span><\/p>\n Continue reading below, where an attorney here at The Mejia Law Firm will provide you with a brief primer on how the post-collision insurance claim or lawsuit filing process works in Texas.\u00a0<\/span><\/p>\n Texas is an “at-fault” state, meaning an individual injured in an auto accident can file a claim with the insurer of the negligent motorist who struck them, causing them harm whenever a wreck occurs. However, the Lone Star State also subscribes to the modified comparative fault rule, which requires injured parties to be less than 51% liable for a crash to be eligible to recover crash-related damages, such as the following:<\/span><\/p>\n The combination of the two doctrines above dictates whether a car accident victim may have a valid insurance claim or lawsuit that ultimately entitles them to recover compensation.\u00a0<\/span><\/p>\n Although the terms are often used interchangeably, there’s actually a difference between an auto accident claim and a lawsuit. A claim is actually a type of legal demand you make with an insurance company, for example, requesting compensation post-wreck. In contrast, a lawsuit is a type of legal action whereby a plaintiff, like an injury victim, sues another party, the defendant (the person they allege struck them). In the case of the latter, an impaneled jury would reach a verdict for or against a plaintiff, which directly correlates to whether they are entitled to a settlement award.<\/span><\/p>\n There’s no specific length of time it automatically takes to resolve a car crash claim out-of-court. Instead, a wide range of factors, including the following, may impact case timelines:\u00a0<\/span><\/p>\n Litigation may become necessary when you and an insurer aren’t having a meeting of the minds. In those cases, the following factors may impact how long adjudication of the claim in the courtroom takes:<\/span><\/p>\n Keep in mind that if a claim isn’t resolvable through pre-litigation, a civil trial becomes necessary, and a jury decides in your favor, that doesn’t necessarily mean that a settlement check is cut on the spot in the courtroom. Like any civil case, a defendant (the person who struck you) has the option to appeal the judgment for up to 90 days after it’s entered in, and, if accepted, you may have to await a new trial date and for all the other steps above to play out for you to see compensation, provided the jury once again rules in your favor.\u00a0<\/span><\/p>\n As for filing a claim with or suing the other driver’s insurer (or your own if you have uninsured or underinsured motorist coverage), Texas allows its residents to do so in their individual capacity without a lawyer’s help. However, <\/span>filing a personal injury claim or lawsuit<\/span><\/a> by yourself isn\u2019t advisable. Many car accident victims do so with the help of a lawyer like ours at The Mejia Law Firm. Why is that the case?\u00a0<\/span><\/p>\n Injured parties like yourself align with attorneys:<\/span><\/p>\n The sooner you sit down with The Mejia Law Firm to discuss your case, the quicker we can get to work on compiling the evidence necessary to paint a picture of liability that has the best chance of helping you secure a solid out-of-court settlement instead of having to weather a long and drawn-out trial with an uncertain outcome. Contact our law office for a free case consultation today.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":" You suffered serious injuries in a car crash somewhere in Houston. Now, not only do you have mounting medical bills, but you can’t make ends meet in light of the significant lost wages you’re accumulating. What do you do? You may realize that taking legal action is the best course of action when you suffer […]<\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[3],"tags":[],"yoast_head":"\nHow Texas Views Fault for Car Crashes<\/span><\/h2>\n
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Understanding the Role of Car Crash Claims and Lawsuits<\/span><\/h2>\n
How Long You Can Expect It To Take To Settle Your Texas Car Accident Case<\/span><\/h2>\n
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Benefits of Having a Lawyer Handle Your Texas Car Accident Lawsuit<\/span><\/h2>\n
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