Consider all options before deciding to file suit for a car accident
If you have been involved in a car accident in Austin, you may be wondering whether it is possible to sue the other driver for damages or compensation. The answer is yes, depending on the circumstances of the crash and who was at fault.
In Texas, personal injury claims are handled under a system of comparative fault, which means that even if you were partially responsible for causing an accident, you can still file a lawsuit and seek compensation from the other driver. However, there are certain rules and restrictions that must be taken into consideration when filing such a claim. Consider reaching out to an Austin car accident lawyer for help understanding what can be done in your case. In this blog post we will provide an overview of how to go about suing someone for a car accident in Austin.
When can I file suite against someone for a Texas car accident?
When filing a claim for damages or compensation following a car accident in Austin, Texas, you must be able to prove that the other party is liable. That means demonstrating that the driver's negligence caused your injuries and/or property damage. For example, if they were speeding or driving while distracted or intoxicated, this would make them liable for any resulting financial losses due to their negligence.
When filing suit against someone for a car accident in Austin, it is important to collect evidence such as police reports and witness statements that can serve as proof of liability. Additionally, you will need to present evidence showing what injuries and/or damage occurred as well as an estimate of how much it will cost to repair the vehicle (if applicable) or cover medical expenses associated with the accident.
Finally, you may also need expert testimony from medical professionals regarding any physical and emotional trauma suffered due to the crash in order to obtain all available damages allowed under Texas laws governing personal injury cases.
After presenting all relevant evidence in court during trial proceedings, juries are typically tasked with determining who was at fault (liability) and the amount of compensation owed should they find against one party over another based on comparative negligence principles.
If successful in proving liability on behalf of the other driver, you may be able to receive compensation for medical expenses, lost wages, pain and suffering, property damage, as well as other damages that are applicable in your case.
It is advisable to contact an experienced Austin car accident lawyer who can help assess the facts surrounding your claim and assist you through the legal process. They can provide valuable insight on how best to proceed with filing a lawsuit against another driver or negligent party should you choose to do so.
What can I sue for in my Texas car accident case?
When filing suit against someone for a car accident in Austin, Texas, it is possible to seek compensation for:
- Medical bills
- Lost wages
- Pain and suffering.
Medical expenses may include medical treatments, such as physical therapy or medical tests necessary to diagnose the extent of your injuries.
Lost wages refer to any income missed when recovering from an injury sustained during the accident. Pain and suffering damages are non-economic awards meant to cover the emotional distress suffered due to physical injuries.
To be eligible for these types of damages following a car accident in Austin, you must prove that you were not at fault or only partially responsible for causing the crash through evidence provided during trial proceedings. Additionally, medical records or testimony from expert witnesses can be presented as proof of your injury and associated costs that have been incurred for treatment which will help establish an acceptable damage award amount should you win your case.
It is important to note that courts also take into consideration any contributory negligence on your part when evaluating potential compensation amounts that could be awarded based on comparative negligence principles established under Texas law.
However, if successful in proving liability on behalf of another driver or negligent party, it is possible to receive fair compensation even if you yourself were found partially liable by demonstrating how their actions or inactions were a significant factor that contributed to the accident.
An experienced Austin car accident attorney can help review your case and determine what damages may be applicable based on the evidence available. They can also provide valuable guidance throughout the entire legal process, including filing suit against another driver for medical bills, lost wages and pain and suffering damages if necessary.
By having an knowledgeable lawyer on your side, you can ensure that all of your rights are protected as well as any potential awards you could receive from a successful claim.
How long will it take if I file suit for a car accident?
The exact length of time needed to reach a successful outcome in a car accident lawsuit will depend largely on the complexity of the case and whether it goes to trial. Generally, cases involving medical bills, lost wages, or pain and suffering claims tend to take longer than those involving just property damage.
This is in part, because things such as medical records often need to be presented before an appropriate compensation amount can be determined. Additionally, if a jury is involved in the proceedings, then further delays may occur depending on how long it takes for them to deliberate on their decision.
In most cases however, filing suit against another driver or negligent party for medical bills and other related damages resulting from an Austin car accident can take anywhere between one year up to five years or more depending on the facts surrounding you car accident.
Contact Fletcher Law for help understand your rights in a car accident case
If you or a loved one has been injured in a car accident, it is important to seek legal advice as soon as possible. At Fletcher Law, our experienced attorneys will provide the assistance you need to protect your rights and obtain just compensation for any damages suffered. With years of experience representing clients in car accident cases, we have the knowledge and resources necessary to build a strong case on your behalf.
We understand the complexities of personal injury law and will fight hard to make sure you get the best outcome possible. Contact us today for a free consultation and let our team of dedicated professionals help you with your car accident injury case.