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Is My Car Accident Claim Worth Filing a Personal Injury Lawsuit?

It can be hard to know what to do after a car accident. You may wonder how you’ll pay for all of your damages and whether it’s worth filing a personal injury lawsuit. You need someone with experience handling car accidents to help you make this decision.

With a record of success in Texas car accident cases, contact The Law Giant at The Law Giant, Personal Injury & Accident Lawyers for answers to all of your questions. Call us at (866) 523-4167 or use our online form to set up a 100% free, no-risk consultation.

How Can Filing a Lawsuit Help?

Whether or not you need to file a personal injury lawsuit may depend on the strategy you and your attorney decide to use against the insurance company. Sometimes an insurance company will deny or delay your claim. Sometimes they even make unreasonably low offers.

If you file a lawsuit, they will know you are serious about getting what you deserve. Filing a lawsuit can result in a fair settlement offer.

Additionally, if you need information about what happened in the wreck, you may need to file a lawsuit to use the discovery process. This is the process by which both parties – you and the at-fault driver – exchange documents and information about the car crash.

How Do I File a Car Accident Lawsuit?

Your personal injury attorney will take all the necessary steps for you in filing a lawsuit. They will write a complaint, which will be the first document filed to initiate the lawsuit.

The complaint requires a statement of negligence, proving that the other driver acted unreasonably. You must also make a statement about how you were injured financially and how much money you want from the lawsuit.

After the lawsuit is formally filed, your attorney will serve the documents on the other party, called the defendant and their insurance company. There are many deadlines and requirements around how the service of process must be completed to be valid.

How Long Do I Have To File a Lawsuit?

You have two years from the date of your injury to file a lawsuit. This might sound like a long time, but it’s not. It can take months to get all of the information you need to submit a claim to the insurance company and wait on their initial response.

It also takes time to get the information necessary to file a complaint. You should contact an attorney right after your car accident to fully optimize the time you have available.

When Is Filing a Lawsuit Not Worth It?

There are some situations when it is not worth filing a lawsuit after a car accident. For example, if the person who hit you didn’t have car insurance and didn’t have enough assets to pay for your damages, a lawsuit might be unproductive. However, your attorney can investigate this situation to verify this on your behalf.

If you don’t have very many losses due to the car accident, it might not be worth the expense of a lawsuit. For example, if you were just seen by your doctor once and haven’t had any additional problems or bills, it may not be worth a lawsuit.

It’s best to consult an attorney before making any of these decisions yourself.

The Law Giant Can Help Decide If a Lawsuit is Right

Leave the legal issues to us while you focus on getting healthy. A lawsuit may be the best option or the first step in getting you the settlement you deserve.

If you have questions about your specific situation after a car accident, contact The Law Giant, Personal Injury & Accident Lawyers at (866) 523-4167 or use our online contact form to reach out. We offer free initial consultations and only get paid when we win your case.

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