Filing an Insurance Claim vs. Filing a Lawsuit

Car accidents often result in serious property damage as well as personal injuries. After an accident, many people are not certain whether it is best to file a claim with their insurance company, to try to recover from someone else’s insurer, or to file a lawsuit to require the at-fault party to pay for the damages and additional expenses. An experienced attorney could provide guidance in this situation, sometimes combining all three approaches.

Texas is an “at-fault” state, meaning that the driver at fault may be held legally liable for the harm they caused behind the wheel. An insurance claim may have a policy limit, where a person can only recover a certain amount of money for their damages. If, however, that amount does not cover the full extent of someone’s injuries and losses, they can pursue a personal injury claim to negotiate a settlement or receive a jury award.

The initial process of starting a personal injury claim or an insurance claim is the same. It is important to collect and preserve as much evidence as possible, including photographs of the accident scene, witness statements, and medical records documenting injuries. Our skilled Wylie car accident lawyers could help locate and preserve valuable evidence to build a strong injury case.

media

Recovering Compensation for Damages in Car Collision

If a plaintiff can prove a car accident was due to the negligence or deliberate wrongdoing of another party, that party may be required to pay monetary compensation referred to as “damages.”

Injured individuals may receive damages to cover any economic harm they sustained, such as damage to their car, medical bills, and lost wages due to time away from work. They may also recover damages for the intangible consequences of the accident, such as pain and suffering, and emotional distress. For more information about recovering damages, consult with a knowledgeable car wreck attorney in Wylie.

Limitations on Recovery in Auto Accident Cases

Texas laws contain various limits for filing a car accident case. The statute of limitations may require lawsuits to be filed within two years of the accident. An injured person’s recovery may also be limited by the comparative fault rule. This rule reduces damage awards in cases where the injured person is deemed partially to blame for an accident.

For instance, if the defendant was found to be 90 percent responsible for causing an accident because they drove at an excessive speed and the plaintiff was found to be 10 percent responsible for driving barefoot, the plaintiff’s recovery would be reduced by 10 percent to account for their share of the fault. Texas follows the modified comparative fault rule, so if the plaintiff was considered 51 percent or more at fault, they would not be allowed to recover damages at all.

Banner media

Contact a Wylie Car Accident Attorney for a Free Consultation

Although the statute of limitations gives individuals up to two years to file a claim, it is not wise to wait before taking action. After an accident, unbiased evidence becomes more difficult to obtain with each passing day. If you were injured in an auto accident, contact a skilled Wylie car accident lawyer at McCraw Law Group today for a free case evaluation. Filing a car insurance claim may not be enough to help you move forward, so consider pursuing legal action to potentially recover damages to compensate for your injuries and losses.

Wylie Case Types

Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

Get a Free Virtual Consultation
Contact us media
Contact us media
Logo media

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (469) 251-7990.