Most people never admit they’re at fault in their car accident. It seems like it’s always the other driver’s fault. Sometimes, however, it really is the other driver’s fault. When this is the case, you don’t want to be left holding the bag. You want the other driver to be held responsible.
The first time you meet with your Houston car accident lawyer, they can help get your insurance claim filed. This way, you know it was filed properly. Your lawyer can also deal with the insurance adjusters to try to get your claim paid.
Sometimes, no matter what your lawyer does, the insurance company won’t budge when it comes to paying your claim. They may deny your claim at first. If this happens, your Houston car accident attorney will appeal your claim.
Whether or not your appeal works depends on why your claim was denied in the first place.
Some of the reasons your claim may have been denied include:
- The driver’s insurance policy had lapsed for non-payment
- The insurance company thinks you were at fault
- They don’t believe you were injured
- You have a history of filing car accident claims
- The driver wasn’t listed on the policy
If the policy wasn’t valid, there’s nothing your car accident lawyer in Texas can do about it. You may have no choice but to file a lawsuit against the driver.
Most Cases Settle Out of Court
Don’t think that, just because you file suit, you’ll have to go to trial. On the contrary, about 95% of all car accident lawsuits settle out of court. Your injury lawyer will work hard to negotiate a settlement with the defendant’s lawyer.
Nobody wants to go to trial. They’re expensive and time consuming. Plus, there’s no guarantee that you’ll win in court. If you lose your car accident lawsuit, what are your options?
Your Texas auto accident attorney will do their best to settle your case. They’ll contact the insurance adjuster and try to get your claim resolved. This will continue even after you file suit.
What If You Go to Trial?
Your lawyer may not be able to settle your case. If your case has to go to trial, there is a chance you can lose your car accident lawsuit. Your lawyer will do their best to prove the defendant was at fault. They’ll do this by using different types of evidence.
Some of this evidence will include:
- Testimony from witnesses who saw the crash
- Doctors who can testify to your injuries
- Statements made by the drivers at the scene
- The police report
- Any experts, such as an accident recreation specialist
Your lawyer has to prove fault. This means they’ll have to prove negligence. To do this, they must show the following four (4) things:
- The other driver had a duty of care
- They breached this duty
- You were injured
- Your injuries were caused by the accident
If you can’t do this, you may lose your car accident lawsuit.
Why Would You Lose Your Car Accident Lawsuit?
Usually, if the other driver was at fault for the crash, you’ll win. But anything can happen. Sometimes, the judge or jury just believes the defendant’s story instead of yours.
Some of the reasons you could lose in court include:
- Lack of evidence
- You never called the police so there is no police report
- You never went to the hospital
- You had a pre-existing condition
- You fled the scene of the accident
Your lawyer is going to fight hard to make sure these things don’t happen. It’s their goal to win your case and get you the compensation you deserve. When this doesn’t happen, you will have the option of appealing your case.
If you’re not happy with how the judge or jury rules in your case, you have the right to appeal. So does the defendant. You just have to remember, you can’t submit new evidence if you appeal. It’s not an entirely new case. You can only appeal certain issues or mistakes made the first time around.
When the defendant’s lawyer see you’ve appealed, they may be inclined to settled. They don’t want to pay to defend the case a second time around.
Contact an Experienced Houston Accident Lawyer Today
If you or your loved one were injured in a car crash, you should call and speak with an experienced Houston personal injury attorney. Your lawyer at McDonald Worley can review your case and let you know how strong it is. They can even try to let you know what it may be worth.
Call and schedule your free initial consultation today.