After an accident, things happen quickly, and you might find yourself wondering what to do next. You likely are starting to accumulate medical bills, and you might not even be able to go back to work yet. Perhaps you are considering filing a claim or lawsuit to seek compensation for your injuries.
The terms “claim” and “lawsuit” are often used interchangeably, but these are two different actions. A claim involves making a demand (usually to the insurance company) for payment after an accident. On the other hand, a lawsuit occurs when one party (the plaintiff) sues another (the defendant) to recover damages.
After an accident, it is best to explore all your options to ensure you are getting full and fair compensation for your losses. Keep reading below to learn all the details about claims and lawsuits to help you make the best decision for your situation.
Overview of the Claims Process
If you have been injured because of another party’s negligence, you may be able to file a claim with the at-fault party’s insurance company. Insurance claims are common after car accidents, although they may also arise in other personal injury cases.
Texas follows a no-fault system for car accidents. This generally allows injured parties to pursue compensation through the insurance company for the driver who caused the crash. These claims are commonly referred to as third-party insurance claims.
While every case is different, the claims process typically follows the same general steps.
File Your Claim
To start the claims process, contact the insurance company and file the claim. To file a claim, you will usually need to provide them with some basic details, such as:
- Your name
- Your contact information
- The name of their insured
- The date of the accident
- An overview of what happened during the accident
Remember to stick to sharing only information you are certain of. For instance, if you do not yet know the full extent of your injuries, then do not share those details yet. Once the insurance company receives your claim, it will perform its own investigation.
Settlement Offers
Once your claim has been started, the insurance company will assign an adjuster to your claim. The adjuster will gather evidence about your claim to better understand its value and will likely make you an offer to settle the claim. The first offer is likely to be low, and you can either accept it, reject it, or make a counteroffer.
You may go back and forth with the adjuster, making several counteroffers until you finally reach a settlement. Once you sign the settlement paperwork, you cannot come back and receive more compensation for that claim. If you are unable to reach an agreement, you may need to file a lawsuit.
Filing a Lawsuit in Texas
There are many reasons you might need to file a lawsuit after an accident instead of merely pursuing a claim.
Some of those reasons are:
- The insurance company refuses to make a fair offer.
- The insurance company denied your claim.
- The statute of limitations is quickly approaching.
It’s important to understand that lawsuits typically take much longer to resolve than claims. A claim is usually your best option unless you have suffered severe or catastrophic injuries. However, sometimes a lawsuit is your only choice when the insurance company refuses to fairly compensate you for your losses. If you need to file a lawsuit, here is what to expect.
Filing the Complaint
A lawsuit begins by filing a complaint in civil court. The complaint will discuss the details of your accident, why you believe the defendant was at fault, and how much you believe you are owed. Although filing a lawsuit does not absolutely require having an attorney, it is always best to talk to an experienced personal injury lawyer who can help you through the process.
Discovery and Negotiations
After the lawsuit has been filed, the parties will go through a legal process known as discovery. This allows each party to gather as much evidence about the case as possible. Common discovery tools include:
- Interrogatories
- Depositions
- Requests for production
- Requests for admission
Once the evidence has been gathered, negotiations typically begin. Based on the case’s strengths and weaknesses, the insurance company may be more or less likely to negotiate a settlement at this point. Formal methods, such as mediation, might also be used to resolve the case privately without going to trial.
Litigation
If a settlement cannot be reached, the case will proceed to trial. Most personal injury cases are tried in front of a jury. The jury will make a decision about who was at fault and the amount of any damages that may be awarded. Personal injury litigation can be complex and difficult to predict, so most cases settle before they reach trial.
Contact Our Dallas Personal Injury Lawyers for a Free Consultation
If you have been hurt in an accident, you may be considering filing a claim or lawsuit. Contact Benton Accident & Injury Lawyers at (214) 556-8321 today to schedule a free consultation with a Dallas personal injury lawyer. We can help you understand all your legal options. Reach out now to put our experience to work for you.
