After a car accident, you may need to pay for medical bills, vehicle repairs, and other expenses. The at-fault driver should be the one to pay, not you, and an attorney can help you get fair compensation for your damages.
To begin a lawsuit, you should talk to a lawyer about your legal options, damages, and what kind of evidence you need to prove your claims. Your attorney may then draft and file a formal complaint in court to sue the at-fault driver. While an insurance claim may also be an option, insurance often does not cover the full extent of victims’ damages, or insurance companies might completely deny your claims. You should contact a lawyer as soon as possible, as you have a limited time in which to sue.
Ask our car accident attorneys for a free private case review to get started by calling Cap City Injury Attorneys at (512) 612-3110.
How to File a Lawsuit for a Car Accident in San Marcos, TX
Filing a lawsuit after a car accident may be complex and time-consuming, and you should get help from an experienced attorney.
Call the Police and Get Medical Attention
First, get immediate medical attention and call the police. The police may investigate the accident and uncover evidence we can use later, and an insurance company will likely want to see a copy of the police report.
By getting medical attention right away, you help make sure your medical records, which may be used as evidence of your injuries, are accurate and complete.
Gather Evidence
You should start collecting evidence as soon as possible. You can take photos and record videos of the accident scene while you wait for help. You or other drivers might have dashcams that recorded the accident. Get the names of other people at the accident so they may testify about what happened in court if necessary.
Evaluate Your Damages
Your attorney can help you evaluate your damages and determine how much compensation you are entitled to. Medical bills, the cost of vehicle repairs, lost income from missing work, and other costs you incurred directly from the accident should be accounted for.
You should also consider non-economic damages revolving around pain and suffering. If the accident was especially traumatic or you are left with psychological injuries like PTSD, these experiences should be compensated.
Draft and File a Formal Complaint
Your attorney should help you write and file a formal legal complaint. The complaint initiates the lawsuit, and it must contain all the details of the accident, your damages, and evidence to back up your claims. As such, the complaint may be lengthy, and we may need time to prepare.
Should I File an Insurance Claim or a Lawsuit After a Car Accident?
While many drivers pursue insurance claims after an accident, many others choose instead to sue. The right choice depends on your specific situation.
Insurance Claims
In Texas, drivers usually file third-party claims with the at-fault driver’s liability insurance, and they must prove that the other driver is responsible. This is why it is important to exchange information with the other driver at an accident scene.
You might instead have other insurance claims that you can file first-party claims with. For example, you can file with your MedPay coverage, if you have it, to pay for medical bills. You might instead file with your uninsured motorist coverage if the other driver lacks insurance.
Lawsuits
In many cases, insurance either does not pan out or is unavailable, and drivers may need to file personal injury lawsuits to get compensation. Alternatively, you might have filed an insurance claim, but the other driver’s coverage was too limited and did not provide nearly enough compensation.
FAQs About Car Accident Claims in San Marcos, TX
Can I File a Lawsuit After a Car Accident?
Yes. After a car accident, you may file a personal injury lawsuit against the driver or drivers you believe are responsible.
How Do I Start a Car Accident Lawsuit?
You can begin a car lawsuit by calling a lawyer shortly after the accident. They can help you explore your legal options and assist you in gathering the evidence and information needed to draft and file a formal legal complaint.
What Happens if the At-Fault Driver is Uninsured?
If the at-fault driver does not have insurance, you may file a first-party claim with your own insurance, like uninsured motorist coverage, or you can sue the driver in court.
What Do I Do if My Car Accident Insurance Claim is Denied?
If the insurance company denies your claim, your attorney can help you push back and appeal the denial. Alternatively, your lawyer can help you sue the other driver. At that point, their insurance may be more willing to cover the accident to avoid a legal battle.
When Should I File a Car Accident Lawsuit?
In Texas, drivers injured in accidents have 2 years from the date of the accident to file a personal injury lawsuit. It may take several months to prepare your case, so it is best to contact a lawyer quickly.
How Do I Prove the Other Driver is Responsible for a Car Accident?
To prove the other driver is responsible, we likely need evidence from the crash, such as photos, videos, and witness testimony, in addition to medical records and other evidence of your injuries.
Do I Have to Go to Trial if I Sue for a Car Accident?
You do not have to go to trial in some cases. If the defendant offers a settlement, you may accept and avoid a trial altogether. Remember, you do not have to accept a settlement if you do not want to.
How Long Do Car Accident Cases Take?
How long a case takes varies based on the specific circumstances. Many cases take at least a few months to complete, while other, more complex cases could take a year or longer.
Can I Sue for a Car Accident if I am Partially to Blame?
Yes. Even if you are somewhat responsible for the accident, you may still sue. However, your damages may be reduced according to your share of fault. If you are more than 50% responsible, you may not recover any damages.
Should I Call the Police After a Car Accident?
Yes. While serious accidents should always be reported to the police, it is also a good idea to call the police about less severe collisions. Often, insurance companies require a copy of the police report.
Should I Go to the Hospital After a Car Accident if I Do Not Feel Injured?
Yes. You might have internal injuries or injuries that do not reveal themselves until some time after the accident. Getting immediate medical attention is in your best interest and may help us prove your damages in court.
Contact Our Car Accident Attorneys in San Marcos, TX to Review Your Case
Ask our car accident attorneys for a free private case review to get started by calling Cap City Injury Attorneys at (512) 612-3110.