Suing after a Car Accident FAQs

Suing after a Car Accident? Here are some Frequently Asked Questions

If you have made the decision to sue after a car accident you probably have many questions. This article is designed to cover a few frequently asked questions that people have after they have made the decision to file a lawsuit in their personal injury case.

How much do I have to pay upfront for an attorney?

If you agree to a contingency fee arrangement, you will not have to pay anything up front to your attorney.

After a serious injury, the last thing that you would want to do is pay an attorney a high fee to take care of your case. This is where the contingency fee comes into play.

Using a contingency fee, the attorney does not receive any compensation unless the plaintiff recovers in their lawsuit.

Many clients prefer to use the contingency fee arrangement because it allows them to retain legal assistance without having to pay anything to the attorney unless they recover damages in their lawsuit.

What should I do if the doctor that my insurance company sent me to is not treating me well?

Sometimes the doctors that insurance companies send policyholders to are not as qualified as other doctors. This is unfortunate because when you have been injured in a car accident your most important priority should be your health.

You should not settle for a doctor that is not acting in your best interest.

If you feel like you need to visit a better doctor you should discuss the situation with an attorney.

An experienced attorney will be able to assist you in this matter.

Can I hire a lawyer who is licensed in Texas if I live in a different state?

One of the most important things that you can do for your case is to hire a personal injury attorney that has experience litigating cases in the area where the accident took place.

If you were involved in an accident in Texas it would be in your best interest to hire an attorney who is licensed to practice in Texas.

Moreover, you should also look for a lawyer who practices in the region where the accident happened.

It’s likely that the local lawyer will be more familiar with the judges and jury in the area.  This could prove valuable in your case.

What do I do if I think I am partially at fault for my accident?

Even if you believe that you are partially responsible for the accident, the key thing to keep in mind that you still may be entitled to recovery.

Remember that you can still file a suit against a defendant even if you are less at fault for the accident than the other party.

Once I have made the decision to sue, what should I expect?

If you have made the decision to sue, you need to know how the court process works.

First, you will file a complaint. The complaint will lay out the allegations against the defendant.

Next, the defendant will file an answer.

Then the discovery process will occur.

Then the trial will begin.

The last phase is when the jury determines whether to award you any damages.

Of course, remember that your suit could settle at any point and the process described above is only a general overview.

Also keep in mind that the process could take up to two years.

An experienced personal injury attorney should be able to describe the process in more detail.

What is the difference between a class action suit and a single plaintiff suit?

A single plaintiff lawsuit is usually filed when only one person was injured as a result of a defendant’s negligence.

In the typical car accident case, the plaintiff will file a single plaintiff suit.

A class action suit involves multiple plaintiffs suing one defendant for some act that the defendant did that affected each of the plaintiffs in the class action.

How do I know if my case will settle?

The reality is that a lot of suits settle out of court.

But, it is hard to predict exactly when a case will settle and sometimes its hard to determine which cases will settle.

This is why it is important to have an attorney who is skilled in negotiation as well as trial work.

What can I expect to recover?

What you recover in your personal injury case will depend on the specific facts and legal issues that are involved in your case.

No two cases are the same, and this means that no two plaintiffs’ recovery will be exactly the same. Certain factors may increase the damages that the plaintiff recovers.

First, if the plaintiff has a very severe injury the plaintiff is more likely to recover significant damages. If the defendant can successfully argue that the plaintiff was contributory negligent the plaintiff is more likely to recover less.

If the plaintiff had to miss work and lost wages the plaintiff will recover for this injury.

The recovery that the plaintiff receives will also depend on what evidence the plaintiff introduced at trial. Well presented evidence of pain and suffering and mental anguish typically tend to yield higher verdicts.

This is another reason why it is important to hire an experienced attorney who can advocate on your behalf.

Remember that it is not possible to know how much compensation the plaintiff will receive in each case.

If you have any questions about your case, you should contact an attorney. Your attorney will be able to fight for you to receive adequate compensation for your injury.

What should I do if the other attorney wants me to sign an agreement?

If the other attorney wants you to sign an agreement, you should seek legal representation.

When you sign a settlement agreement there is no going back.

An attorney will be able to go over the provisions of the proposed settlement agreement in order to help you determine whether the agreement that the other side is proposing is fair.

Conclusion

If you have been injured in a car accident and have decided to sue you need a qualified personal injury attorney to help you seek adequate compensation for your injuries.

If you have any further questions about the litigation process or your lawsuit, you should contact the lawyers at Hutchison & Stoy.

We offer free case consultations to individuals who are considering whether they should file a lawsuit in order to seek compensation for their injuries.

Contact us today if you have any questions about your personal injury case.