If you’ve suffered an injury in a car crash that wasn’t your fault, you may be wondering what to do next to get fair compensation for your medical bills, lost income, pain and suffering, and other losses. The best step is to speak with an experienced car accident lawyer who can evaluate your case and explain your legal options.
While most car accident claims are settled out of court, sometimes going to trial becomes necessary to get the money you deserve. Call a skilled Dallas car accident lawyer today for a free consultation about your case.
Do I Need a Car Accident Lawyer?
After a serious car accident, it’s normal to feel overwhelmed and unsure about what to do. Your top priority should be getting proper medical care for your injuries. Even if you feel okay at first, some car accident injuries like whiplash, concussions, and internal bleeding may not show symptoms right away. Always see a doctor as soon as possible after a crash.
Avoid discussing the accident with the other driver’s insurance company. They may pressure you to give a recorded statement or try to get you to accept a low settlement. Don’t sign anything or agree to a settlement without consulting a car accident attorney first. Insurance companies want to pay out as little as possible, but an attorney will fight to get you maximum compensation.
Trying to handle a car accident claim on your own is challenging, especially when you are dealing with painful injuries. A good Dallas car accident lawyer will handle the legal processes, negotiations, and communication with the insurance companies so you can focus on your physical recovery.
Key Takeaways
What Does a Car Accident Lawyer Do?
An experienced Dallas car accident lawyer will conduct a thorough investigation of your crash to gather evidence and build a strong case. This may involve:
- Interviewing eyewitnesses
- Examining police reports and medical records
- Reviewing traffic camera or dash cam footage if available
- Consulting with accident reconstruction experts
- Getting depositions from the other driver and other parties
Your lawyer will also identify all possible sources of compensation, such as the other driver’s insurance, your own uninsured/underinsured motorist coverage, and other parties that may share liability.
With all this information, your attorney will assemble a persuasive case demonstrating the other party’s negligence and documenting the full extent of your injuries, damages, and future expected losses. Most of the time, your lawyer can negotiate a fair settlement with the insurance company without needing to file a lawsuit.
However, if the insurance company refuses to make a reasonable settlement offer, your attorney may recommend taking your case to trial to get the compensation you deserve. A good car accident lawyer will have extensive litigation experience and the skills to present a compelling case in court.
How Long Does a Car Accident Lawsuit Take?
If your car accident claim can’t be settled and your lawyer files a lawsuit, you may be eager to get it resolved as quickly as possible so you can get your money and move on with life. However, the legal process takes time.
Every case is unique, but in general, you can expect a car accident lawsuit to take anywhere from several months to a year or two to get to trial. Cases involving catastrophic injuries, multiple liable parties, or disputed facts tend to take longer than more clear cases.
Before trial, there is a discovery phase where each side investigates the facts of the crash, gathers evidence, takes depositions, and shares information. There may also be pretrial motions and hearings. The court will set a trial date based on its schedule. Keep in mind that even with a trial date, your case can still settle at any point before the verdict if the insurance company decides to offer an adequate amount.
The litigation process requires patience, but an experienced car accident attorney will keep your case moving and ensure all deadlines are met. Although reaching a settlement is often faster, taking your case to court is sometimes the only way to get the full compensation you deserve. Your lawyer will advise you on the best strategy.
What Happens at a Car Accident Trial?
If your car accident lawsuit goes to trial, a judge or jury will hear evidence from both sides and decide issues of fault and compensation. Here’s a general overview of what happens:
- Jury selection: If your case will be heard by a jury rather than just a judge, the first step is choosing jurors through a questioning process called “voir dire.” The judge and lawyers on both sides will ask potential jurors about their backgrounds and beliefs to screen out anyone who may be biased.
- Opening statements: Once the jury is chosen, the trial begins with opening statements from your lawyer and the defendant’s lawyer. They summarize the key facts and arguments they plan to present.
- Your side presents the case: As the plaintiff, your side has the burden of proof. That means your lawyer first presents evidence through witness testimony and documents. Then, the defense lawyer can cross-examine your witnesses.
- Defense presents case: Next, the defense presents their evidence and witnesses to poke holes in your case and limit their liability. Your lawyer can cross-examine their witnesses.
- Closing arguments: After all the evidence is presented, each lawyer makes a closing argument to the jury, highlighting the strengths of their case and the flaws of the other side’s case.
- Jury deliberations: The judge gives the jury instructions on the relevant laws and how to weigh the evidence. Then, the jury deliberates in private until reaching a verdict.
- Verdict: The jury announces their verdict in court. If they rule in your favor, they will also specify how much compensation you receive.
It’s important to hire a car accident lawyer with the skills and experience to present a persuasive case at trial and prevail against the insurance company’s tactics. However, keep in mind that juries can be unpredictable. Even with a strong case, there is always some risk in going to trial. That’s a key reason why so many cases settle out of court.
Reasons Why a Car Accident Case Might Go to Court
With all the time, expense, and risk involved in litigation, you may wonder why any car accident cases go to trial at all. In most situations, it’s in everyone’s best interests to reach an out-of-court settlement. However, sometimes taking a case to trial becomes necessary, such as when:
- There are factual disputes over how the crash happened and who was at fault.
- There are legal disputes over the interpretation of insurance policies or laws.
- The insurance company denies liability and refuses to pay anything.
- The insurance company makes unreasonably low settlement offers.
- There are disputes over the severity of your injuries and the extent of damages.
If your lawyer feels the insurance company is not negotiating in good faith or you deserve substantially more than they are willing to pay, going to court may be your best option for obtaining fair compensation. An experienced car accident attorney will give you an honest assessment of the strength of your case and be fully prepared to fight for your rights in the courtroom if needed.
How Much Is the Average Car Accident Settlement?
There is no “average” car accident settlement because every case is unique. Compensation depends on factors like:
Severity of Injuries
The more severe your injuries from a car accident, the more compensation you may be entitled to receive. Catastrophic injuries like brain damage, spinal cord injuries, and amputations tend to result in the highest settlements because of their profound impact on your life.
Length of Medical Treatment
The duration of medical treatment you need for your car accident injuries affects your settlement amount. In general, the longer you need medical care, the more compensation you will seek. Be sure to follow all your doctor’s recommendations, and don’t settle your case until you’ve reached maximum medical improvement.
Lost Income from Missed Work
If your car accident injuries cause you to miss work, you can recover compensation for your lost income. The more work you miss, the higher your settlement may be. This is especially true if you have a high-paying job or are self-employed and lose significant income. Keep careful records of all the work you miss.
Vehicle Repair or Replacement Costs
Property damage to your vehicle is a factor in your total settlement after a car crash. If your car is badly damaged and expensive to fix or totaled, you can recover more money. Ensure you get repair estimates or a professional appraisal of your vehicle’s value.
Future Medical Needs
Some car accident injuries require ongoing future medical care long after a settlement. For example, you may need future surgeries, physical therapy, medications, or medical equipment. Your lawyer will work with experts to estimate your future medical costs and include them in your settlement demand.
Reduced Earning Capacity
Severe car accident injuries can impact your ability to work and earn a living in the future. If you can’t return to your previous job or can only work in a lower-paying position, you can seek compensation for your reduced earning capacity over your lifetime. Vocational experts and economists can calculate these losses.
Pain and Suffering
In addition to economic losses like medical bills and lost income, you can recover money for your physical pain, emotional suffering, and mental anguish after a car accident. Putting a dollar value on these subjective losses can be challenging, but an experienced lawyer will know how to document your pain and suffering and demand fair compensation.
Reduced Quality of Life
A severe car accident injury can dramatically diminish your overall quality and enjoyment of life. If you can no longer participate in activities you once loved, have difficulty with self-care and household tasks, or experience strained relationships, you can recover money for your reduced quality of life. Your lawyer may use journaling, photos, videos, and witness statements to demonstrate these losses.
Strength of Evidence Proving Fault
The strength of evidence showing the other driver was at fault is a key factor in your case’s value. The more evidence your car accident lawyer can gather proving negligence, the higher your settlement will likely be. Strong evidence may include a police report citing the other driver, video footage, or witness statements.
At-Fault Party’s Insurance Coverage
The available insurance coverage is another important factor that can limit or expand the size of your potential settlement. If the at-fault driver has high liability policy limits, you have a better chance of recovering all your damages. If they have minimum coverage, your settlement may be restricted. In some cases, you can tap your own uninsured/underinsured motorist coverage.
Why You Need a Good Car Accident Lawyer
Regardless of whether your car accident claim settles out of court or ends up going to trial, you need an experienced lawyer to get the best possible financial recovery. A good lawyer will build your strongest case, handle all communication with the insurance company, negotiate aggressively, and be fully prepared to present a persuasive case in court if necessary.
Look for a car accident lawyer with a track record of success settling cases out of court and winning at trial. You want an attorney with the experience and resources to take on big insurance companies and fight for every dollar you deserve. Most car accident lawyers offer free consultations, so it costs nothing to get your case evaluated and learn about your options.
Hire a Skilled Car Accident Lawyer to Fight for Your Rights
No one who gets hurt in a car accident expects to have to go to court to get fair compensation. While most cases do settle, sometimes, it becomes necessary to file a lawsuit and litigate your case in a trial to get the financial recovery you need and deserve. The best way to improve your odds of a favorable outcome is to hire a skilled Dallas car accident lawyer to fight for your rights. If you’ve suffered an injury, don’t hesitate to get your case evaluated by an experienced attorney as soon as possible.
