It is not always necessary to file a lawsuit to recover damages after an auto accident in Texas, but it is sometimes the best strategy based on the facts of your case. 

Our motor vehicle accident attorneys are often able to resolve cases with the insurance company without resorting to filing a lawsuit. However, in other cases, we may recommend pursuing a lawsuit. For instance, a lawsuit may be filed if the insurance company does not present a reasonable offer. We can tell you more about your best options for a recovery.

Do You Have to File a Lawsuit to Recover Damages From an Auto Accident in Texas

Recoverable Damages After a Car Accident in Texas

Texas law gives the victims of car accidents the right to pursue a financial recovery. If we can build a case to show the other driver is liable, you may qualify to recover financial and non-financial damages, such as:

  • Medical bills: Including emergency room care, hospitalizations, surgeries, medication, visits to a doctor, physical therapy, and more
  • Lost wages: Including missed paychecks due to days spent in recovery
  • Reduced earning capacity: If you will no longer be able to earn income as you did before the accident
  • Pain and suffering: Reflecting your physical pain and other hardships

You may qualify for additional damages beyond those listed here. Our team can tell you more if you choose to work with us.

You May File a Lawsuit or an Insurance Claim After a Texas Auto Accident

After a car accident, you can seek a recovery from the negligent driver through two approaches:

  • We can file an insurance claim based on the at-fault driver’s liability policy and negotiate a settlement.
  • We can file a personal injury lawsuit and, if necessary, take your case to court to seek awards.

We can help you determine the best route to take based on the facts of your case.

Negotiating an Out-of-Court Settlement

We pursue a settlement with the insurance company prior to filing a civil suit in court. 

As a part of this process, we will present the facts of your case, our evidence of negligence and liability, and the proof we collected of your damages. You will not have to handle these negotiations, as we will deal with the communications for you. We will then attempt to negotiate a fair settlement agreement with the insurance company  of the negligent driver.

Filing a Personal Injury Lawsuit

In some cases, pursuing damages by filing a personal injury lawsuit against the at-fault driver may be the best approach.

If we go to trial, we will handle all aspects of the trial process and help you understand what to expect every step of the way. We will answer your questions, build a solid case to present in court, and keep you informed of updates to your case.

Our Team Provides Comprehensive Legal Services for Injury Cases in Texas

Our legal team can help you pursue a recovery for your losses and expenses. In addition to the services discussed above, we will:

  • Determine the extent of your injuries and the extent of your losses
  • Gather crucial evidence, such as witness statements, expert testimony, and more
  • Explain any relevant Texas laws that may apply to your case
  • File all paperwork for you
  • Ensure your case meets the state’s statute of limitations to file a lawsuit, per Texas law
  • Support you through every step of the process

Important Steps You Can Take When You Want to Seek Damages After a Collision

After a car accident that someone else caused, you can lay the foundation for a solid case. To protect your right to seek damages, consider the following:

  • Gather your own evidence file: Hang onto receipts, medical bills, witness contact information, and other relevant evidence.
  • Get medical care and see your treatments through: Any care a doctor recommends in your best interest. 
  • Avoid making a recorded statement: If you get a call from an insurance company, don’t give them a recorded statement. This could be used against you at a later date.
  • Get a consultation from our team: When you call us, we can tell you more about whether or not a lawsuit should be filed. 

D. Miller & Associates, PLLC™, Offers Case Evaluations to Injury Victims

Auto accidents can leave you wondering what you should do next. You don’t have to be alone in seeking a recovery. Let our car accident lawyers handle your Texas injury case.

If you or a loved one suffered injuries in an auto accident in Texas, the team from D. Miller & Associates, PLLC™, is here to help. Call us today for your case evaluation.