A lawsuit can help you get compensation for injuries after a car crash, but success is rarely, if ever, guaranteed. An attorney can help you determine your odds of success in a car accident lawsuit in Texas.
First, we can review any factors that might increase your odds of winning your lawsuit. For example, proving negligence might be easier if you have more evidence. On top of that, insurance companies tend to prefer settling rather than duking it out in court. Constructing effective arguments and developing strong legal strategies requires that we also examine factors that might hinder your chances of winning your case. For example, if your case has only minor damages and nobody reported the accident to the police, your odds of winning might be lower than you would like. An attorney can assess all these factors and more to determine the strength of your case and the best way to get you the financial compensation you need and deserve.
Contact our Dallas car accident attorneys at The Queenan Law Firm, P.C. for a confidential case review for no charge by calling (817) 476-1797.
Factors That Help Your Chances of Winning a Texas Car Accident Lawsuit
Car accidents are common, and many injury lawsuits are related to vehicle collisions. Since insurance companies see so many claims and lawsuits for car accidents, they are not keen on paying for every crash. However, certain factors surrounding your case may make a favorable verdict or settlement more likely.
Proving Negligence Might Be Easier
Proving how the defendant’s negligence caused your injuries is arguably easier in many car accident cases because accidents are often well-documented. After a crash, drivers usually call for emergency services, including the police. In serious collisions, the police might conduct a thorough investigation and even indicate in a crash report who they believe caused the crash.
Not only does law enforcement thoroughly document details about car accidents, but so do doctors. If you received prompt medical care after an accident, your medical records may reveal more than you realize about the accident. Details about bodily injuries may be used to corroborate your version of events and prove how the other driver caused the collision.
Insurance Companies Like to Settle
One factor you have on your side is that insurance companies often would rather reach settlement agreements than take your case to court. Going to court can be expensive, and insurance companies often would rather save their money and pay a nice settlement than pay for legal fees only to lose in court. If you have strong evidence, you have a good chance of getting a favorable settlement and might avoid going to court altogether. Our Texas car accident lawyers can use stronger evidence to convince defendants and insurance companies to agree to a good settlement so you do not have to endure a protracted legal battle.
Accidents Often Have Lots of Evidence
Speaking of having strong evidence, car accidents sometimes have lots of it. One of the biggest problems in civil injury claims is that plaintiffs lack supporting evidence. Car accidents happen on busy roads and highways, and there are usually many witnesses. Just a few witnesses who can testify in court can turn the tides in your favor.
You can even collect evidence right after the crash. People often take photos of crashes to send to insurance companies. Your pictures can be used as evidence in court, depending on what you photograph.
In addition, the police may conduct a thorough investigation of your crash and uncover additional evidence we might not have found on our own.
Factors That Could Hurt Your Odds of Winning a Lawsuit for a Car Accident in Texas
Some details about your accident might not be in your favor. Car accident plaintiffs often have to deal with evidence, factors, and circumstances that make them look bad or the defendant look good. Your attorney can review these details with you and develop effective legal strategies to overcome them so you get the compensation you deserve.
Your Damages Are Minimal
Winning a car accident lawsuit can be difficult when your damages are considered minor. Lots of people emerge from car accidents more or less unharmed. Maybe you have a few bumps and bruises, but you are ultimately fine. While you have a right to file claims for damages, no matter how small, juries might be less willing to award damages for injuries they do not believe are serious. Defendants often use this information to make plaintiffs look bad in court. They might try to make you out to be a litigious plaintiff who wants a quick buck from a frivolous lawsuit.
Your attorney can help you carefully review your damages. Often, people have more serious damages than they realize. While your body might be unharmed, your car might be in bad shape, leaving you no way to get to work, school, doctor’s appointments, and other important places.
The Accident Was Not Reported
Even when people are injured in car accidents, they do not always report them to the police. According to Tex. Trans. Code § 550.026(a), car accidents involving injury, death, or damage to the vehicle that prevents it from being driven safely must be reported to law enforcement. Many cases do not meet these criteria, and drivers do not always report their accidents to the police. If your accident was not reported, we might have difficulty coming up with evidence. It might also be easier for defendants to deny wrongdoing because there is no police report and less documentation of the accident.
Delaying Medical Care
Another negative factor some plaintiffs must contend with is a delay in medical care. People often resist going to the hospital if they do not believe their injuries are serious. Medical care can be expensive, and car accident victims already must deal with expensive vehicle repairs. However, if you do not go to a doctor, there might be no record of your injuries, even if they are minor. This makes it easier for the defendant to poke holes in your claims and argue that your injuries cannot have been that bad if you did not even go to a doctor for treatment.
Contact Our Texas Car Accident Attorneys to Help Increase Your Chances of Winning
Contact our Amarillo, TX car accident attorneys at The Queenan Law Firm, P.C. for a confidential case review for no charge by calling (817) 476-1797.