Many accident victims have the option to sue after the collision. Often, though, attorneys can negotiate fair settlements for their clients. When this happens, suing is not typically necessary, as the client receives compensation through a more efficient, cost-effective method, meaning settling.
There are several reasons why a car accident victim might choose to sue. If you are eligible to sue and choose to do so, our Houston car accident attorney will represent you throughout the legal process. Your and your lawyer’s shared goal should be to secure the compensation you deserve, and suing may prove the best way to achieve that goal.
To Sue or Not to Sue: That’s the Question a Car Accident Lawyer Will Help You Answer
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As a survivor of a car accident, you may not know much about how lawsuits work—most don’t. What you may know, though, is that:
- Someone else is at fault for a collision
- You’ve suffered physical injuries because of the accident
- You are psychologically and emotionally rattled (if not traumatized) because of the accident
- You deserve justice, which likely means a financial recovery
Whether or not you should sue may be beyond your scope, and that’s fine. Attorneys are extremely knowledgeable about car accidents and the fights for compensation that follow. Trust a car accident lawyer to review your circumstances in good faith and propose a case strategy (which may or may not involve a lawsuit).
Your Case Strategy Can Change. A Lawsuit Is Always an Option When You Hire a Lawyer.
When you and your lawyer agree to an initial case strategy, know that the strategy is not written in stone. This is one of the many benefits of hiring a car accident attorney, as they:
- Understand how to handle both insurance claims and lawsuits
- Often have experience in both settlement negotiations and trial cases
- Have the resources necessary to pursue any strategy that works for you
- Recognize when it may be time to try a different strategy or instead when pressing on with the current strategy makes sense
When you hire an attorney, simply let them take the lead. They will tell you everything you need to know, get your feedback, answer your questions, and ensure you’re comfortable with the course of action you agree is best.
The Insurance Claims Process Often Comes Before a Lawsuit (Though Not Always)
Conversations about car accident lawsuits typically follow conversations about insurance claims. Insurance settlements are the means through which most car accident victims receive compensation.
The typical insurance claims process following a car accident involves:
- Parties involved in the accident reporting the collision to their insurance providers
- Insurance providers acknowledging the claims and initiating the claims process
- Insurance representatives investigating the accident and determining fault
- Insurance companies negotiating with claimants, which can lead to settlements that resolve the claims process
Throughout this sequence, insurers may communicate with claimants, law enforcement officials, and anyone else involved in the claims process. If you hire an attorney, insurers will communicate with your lawyer rather than you.
Insurance Companies Do Not Always Do Right by Car Accident Victims
All too many car accident survivors can tell you firsthand: Insurance companies can be deceptive, pushy, and dogged in their attempts to underpay you.
“Bad-faith insurance” or “bad-faith insurance tactics” refers to insurance companies’ attempts to withhold compensation from claimants through questionable or blatantly unethical practices. This is a very real threat that you must account for. Some common examples of bad-faith insurance tactics include:
- Blaming the victim for causing the accident
- Misrepresenting or blatantly lying about the details of insurance policies (or the insurance company’s financial obligations)
- Extending a lowball settlement and portraying the offer as fair
- Delaying the resolution of a claim, which can be a pressure tactic meant to coax the claimant into accepting a lowball settlement
You’d be reasonable to think that insurance companies are bound to act ethically. The law in most states requires them to. Yet, attorneys see bad-faith tactics repeatedly when seeking compensation for car accident victims.
The surest way to protect yourself from bad-faith insurance tactics is to let an attorney deal with insurers on your behalf.
Whether or Not You Sue, Hiring a Lawyer May Be a Sharp Decision
A car accident attorney can be well worth their fee, especially considering their fee will not come directly from you—we will discuss that shortly. For now, you should consider the many benefits of hiring an attorney after a car crash.
Some of the many benefits you receive when you work with a lawyer are:
Defense from Insurers, At-Fault Parties, and Liable Parties
We have established that insurance companies can be more harmful than helpful, when their decision-makers choose to be. Your attorney will handle every aspect of your case, which includes dealing with anyone who intends to violate your rights.
Guidance You Can Trust
You may be unable to trust insurers, but you can trust an attorney. When you hire a lawyer with a reputation for treating clients well, you can trust their guidance because:
- Your lawyer works for you, as there will be no question that it’s your case they are handling (in other words, you are the boss)
- Unlike insurance companies that often prioritize their own profits over policyholders’ rights, your attorney will have no conflict of interest
- Your lawyer will receive a percentage of any compensation they secure for you, which creates an incentive for them to win big
For many attorneys, the job is about far more than fees. It’s about helping accident victims in times of need. These lawyers are particularly likely to protect and serve the client’s best interests.
Start-to-Finish Handling of Your Case
There is priceless value in not having to worry. Knowing that your lawyer is managing every detail of your case should:
- Reduce your stress at a time when your stress levels may be through the roof
- Alleviate psychological and emotional symptoms of the car accident, which can include severe conditions like post-traumatic stress disorder (PTSD)
- Allow you to give your all to the recovery process, which can be all-consuming
- Rest, which may be one of your most important responsibilities after a collision
Attorneys and their staff are stickers for detail. Nothing will fall through the cracks, and this should give you confidence that your case will conclude as it should.
If you need to do anything or know about anything, your lawyer will let you know.
The Option of Suing After the Car Accident, If You Want To
If a liable insurance company believes you can’t or won’t file a lawsuit, it may:
- Feel emboldened to use bad-faith tactics against you
- Believe it has all the leverage because it has no fear of you pursuing legal action
- Offer a lowball settlement and refuse to negotiate in good faith
- Back you into a corner you do not want to be in
Even if you don’t ultimately file a lawsuit, hiring a lawyer gives you leverage. An insurance company knows if it tries to lowball you, your attorney can file a lawsuit. In this way, hiring an attorney should lead to fairer settlement offers for you.
How Attorneys Complete Car Accident Cases
Your lawyer will have their own process. Each attorney and firm are unique in that way, but most car accident lawyers handle the same critical responsibilities for their clients. These responsibilities typically include:
Determining and Proving Fault for the Car Accident
Attorneys prove fault by figuring out whose negligence caused the collision. In some cases, multiple parties share fault. More often, one motorist is clearly in the wrong.
Examples of negligence that can cause a car accident include:
- Speeding
- Tailgating
- Running red lights and stop signs
- Defective vehicles
- Dangerous road conditions
Motorists are often at fault for car accidents, but other parties can be too. Proving fault may require statements from the victim, witness accounts, photographs, video, a police report, and other types of evidence.
Proving How the At-Fault Party’s Negligence Has Affected You
Auto accident victims who suffer injuries often suffer both economic and non-economic harm. One of your lawyer’s most critical duties is to prove that harm.
Evidence of your damages may include:
- Any and all medical records detailing accident-related injuries
- Mental health service practitioners’ detailing of your pain and suffering
- Your own statements about the accident’s effect on your life
- Financial statements, which may include medical bills, bank statements showing income loss, and invoices for vehicle repairs
Your attorney will have some idea of the documentation they want to gather, but documentation is unique to each case. Your lawyer will exhaust all sources of documentation so they can prove the total cost of your collision.
Obtaining Insurance Policies and Dealing with Insurance Providers
Because insurance typically plays a role in getting accident victims compensation, your lawyer will be ready to delve into policies. They will find out which insurance companies are financially responsible for your losses. Policies will contain many critical details that your lawyer will become familiar with.
Let your attorney deal with insurance companies. They know what they’re doing, and their service will spare you from potentially costly threats or errors.
Negotiating a Settlement (and Reviewing Offers with You)
The numbers show that, even when someone files a civil lawsuit, that lawsuit is most likely to settle. In many cases, car accident victims receive a fair settlement even before they need to file a lawsuit.
Your lawyer will negotiate with insurance companies and may emerge with the deal you deserve.
Leading Any Lawsuit You Decide to File
Expect your car accident lawyer to:
- Resolve the insurance claims process for you
- Review all settlement offers from insurance companies along with you, helping you determine if any offer is worth accepting
- Discuss with you the possibility of filing a lawsuit, giving you their advice about whether suing is in your best interests
- File a lawsuit for you, if that’s the strategy you want to pursue
It will be your case, but an attorney will be your partner. If you want to sue, your lawyer will lead the way forward.
Handling Any Necessary Court Case for You
Once your lawsuit is filed, the next step may be:
- Your lawyer continuing to negotiate with liable parties, which can finally lead to a fair financial agreement
- Your lawyer moving forward with the legal process, which can lead to court
Most car accident cases end without going to trial. Even so, you should expect your attorney to represent you in the courtroom if that’s the strategy you want to pursue.
Damages Car Accident Victims Should Receive Compensation For
Collisions between motor vehicles are among the most violent events most people will ever endure, and these crashes can leave a victim with:
- Medical costs, which may include emergency care, diagnoses of all accident-related injuries, treatment, and rehabilitation
- Pain and suffering, which can include post-traumatic stress disorder, physical pain, emotional anguish, physical disfigurement, lost quality of life, and many other problems resulting from the accident
- Professional harm, which may include lost income, diminished earning capacity, and loss of career opportunities
- Property costs, including but not limited to the cost of repairing or replacing your vehicle and securing temporary transport
Attorneys get to know their clients on a personal level. This means if you have any unique health conditions, medical needs, or financial losses, your attorney will find out about them.
If Your Car Accident Lawyer Doesn’t Win, You Don’t Pay
Car accident lawyers offer contingency fees, meaning if your lawyer doesn’t win, you don’t pay. Even if your lawyer does win, which is a fair expectation, their fee will come from your financial recovery and not your pocket.
Hire Your Car Accident Lawyer as Soon as Possible
Wherever your car accident happened, there is almost certainly a deadline for filing your case. The sooner you allow your lawyer to start working on your case, the more compelling your case may become due to a stronger collection of evidence.
Consultations are free, so don’t wait to contact our Houston-based personal injury firm today!
