Can I File a Car Accident Lawsuit in Texas?

Lawsuit or claim, our Henderson County car accident attorney gets results

Whether it was a rear-end accident with a semi-truck on the Athens Loop, a T-bone on Erwin Street in downtown Tyler, a head-on collision on SH 19, or another type of crash, injured car accident victims in Texas have a right to collect maximum compensation for their pain and loss.

However, even with a range of options, getting the money they deserve is often an uphill battle. Sometimes, it takes filing a car accident lawsuit to put pressure on negligent drivers and stubborn insurance providers to pay up.

A car accident lawsuit can help injured victims collect damages that were otherwise out of reach, but whether it’s in your interest to file depends on the situation. Henderson County car accident attorney Jeff Weinstein has the experience to help you decide if a car accident lawsuit is right for you. He has been fighting for injured accident victim rights for more than 20 years in East Texas. He knows what it takes to win – and he’s got the track record to prove it.

If you were injured in a Henderson County car accident, you probably have a lot of questions. Get answers you can trust. Contact Weinstein Law for a free case consultation. Our law firm is based in Athens, TX and serves Tyler, Henderson County, and the surrounding East Texas area.

4 reasons to file a Texas car accident lawsuit

In general, Texas gives you two years from the date of the crash to file a lawsuit. While most car accidents can be resolved with a negotiated settlement, there are occasions when you may want to consider a car accident lawsuit, including:

1. Can’t agree on a settlement. In Texas, the road to collecting crash compensation typically starts with filing a claim with the at-fault driver’s insurance provider. If the insurance company won’t make you a substantial settlement offer, a lawsuit can put pressure on the adjuster to resolve the situation or face you in court. Because insurance companies are all about profits, if they think it will cost them more to fight a lawsuit, they’ll settle.
2. Denied claim. It seems like some insurance companies deny claims as a matter of policy. They challenge seriously injured accident victims to run around town collecting evidence at a time when they’re in too much pain to do everyday tasks. Weinstein Law will take on this challenge for you. Jeff builds strong cases that the insurance companies cannot ignore.
3. Delaying tactics. Insurance companies are required to bargain in “good faith” for a crash settlement. However, the industry is well-known for playing all types of games with accident victims in the hope that the injured person will be too tired to fight. Sometimes, they try to delay until the statute of limitations runs out. Insurance company delay tactics include requesting the same information over and over, sending you the wrong information, data dumps, ignoring claimant phone calls, “accidentally” providing blank documents, damaged files, and broken links. A lawsuit can get things back on track – even if you never end up in a courtroom.
4. Fatal car accident. If the worst should happen, and a loved one is killed in a car accident, immediate family members (the surviving spouse, children, or parents of the deceased) have the right to file a wrongful death lawsuit. The personal representative of the estate can also do so if the surviving family members do not. In addition to suing the a-fault driver, you may also choose to file a wrongful death lawsuit against another party in some circumstances. For example, if a loved one was killed by a drunk driver (DWI), you may have a dram shop case against whoever sold them alcohol.

What does car accident compensation pay for in Texas?

Your car accident compensation package should cover your crash-related recovery for a lifetime. Injuries like back pain, neck pain, shoulder pain, whiplash, nerve damage, and torn muscles may require routine care for a lifetime. The other driver is accountable for this expense.

Damages that should be considered in your car accident lawsuit include:

• Emergency medical care.
• Past, present, and future medical expenses.
• In-home medical care.
• Rehabilitation services like physical therapy, massage therapy, or occupational therapy.
• Lost wages.
• Diminished future earning potential.
• Property damage, vehicle repair.
• Pain and suffering.
• Modifications to your home to accommodate crash-related disabilities.
• Replacement services for things like childcare and cleaning.

What is the average auto accident settlement in Texas?

Your right to financial compensation for all accident-related costs depends on your ability to establish the facts of your case and the skill of your attorney. Even after a lawsuit is filed, your attorney can still negotiate for a good settlement. A settlement for a car accident might range from tens of thousands to hundreds of thousands of dollars. Some even lead to awards worth a million dollars or more.

According to two national surveys, the average car accident settlement is around $20,000-$25,000 per victim. When you consider that the average overnight stay in a hospital is more than $11,000, it becomes obvious that seriously injured crash victims will need to collect a lot more than $25,000.

Jeff knows that to get maximum compensation for car accident injuries, you need a mountain of hard evidence. That’s why he gets to work right away on new cases. Jeff starts by investigating your accident to find out what really happened. This involves gathering evidence, reviewing accident reports and other documentation, and interviewing witnesses. When needed, he also consults accident reconstruction experts and other specialists. Jeff is focused on results and fights for the best possible outcome for his clients.

Should you sue the other driver?

While injured Texas car accident victims have the right to sue at-fault drivers, only an attorney can tell you if it’s in your interest. Attorney Jeff Weinstein knows when and how to leverage a civil lawsuit to put pressure on adjusters and other liable parties for maximum results.

If you were injured or a loved one died in an East Texas car accident, contact Weinstein Law for a free case consultation. Jeff will listen to the details of your case, estimate the value of your claim, and explain your compensation options. He can let you know if a lawsuit or a claim makes sense for your accident.

You should know that Jeff represents injured accident victims and the families of fatal accident victims for a contingency fee. That means there is no upfront or out-of-pocket expense for his services. Jeff’s fee is an agreed-upon percentage of the final compensation package. If he doesn’t win, you don’t pay.

Our law office is available for you 24 hours a day, 7 days a week. Contact us to schedule your free case consultation right now.