When Does a Car Accident Go To Court In Texas?

February 14, 2024 | Car Accidents

If you have been involved in a vehicle accident and sustained an injury or serious property damage, you may have to file a lawsuit against another party in order to recover compensation for your losses.

However, filing a lawsuit does not necessarily mean you will go to court. In fact, most vehicle accident claims in Texas get resolved without having to set foot in the courtroom, but that is not always the case.

The Insurance Processes Typically Play Out First

After a vehicle accident occurs, insurance carriers get notified and begin their investigations. Now, individuals can also file a lawsuit against an alleged negligent party at the same time the insurance claims begin, but that is not typically how the process starts.

Usually, insurance carriers are able to make an offer in an attempt to resolve the claim. The vast majority of vehicle accident claims get resolved through settlements with the insurance carriers.

However, insurance carriers do have one goal in mind, and that is to limit how much compensation they pay car accident victims. This helps their bottom line, so any and every move the insurance carrier makes is designed to pay as little as possible to a claimant.

In the event the insurance carrier refuses to offer a fair settlement or if they deny the claim, moving forward with a personal injury lawsuit may be the only way to recover compensation.

Will You Have to Go to A Jury?

After a lawsuit gets filed, it does not go right to a jury. The discovery process begins, and this can take quite some time to resolve.

During the discovery process, attorneys for both sides will exchange evidence and information with one another, and they may take depositions of potential witnesses.

Often, one side of the other decides to settle or drop the claim while the discovery process is ongoing or as a result of a court-ordered mediation before a jury trial becomes necessary.

Only if a settlement is not reached during this entire process will the case have to go forward to a jury trial, meaning you have to go to court.

Getting to a jury trial for a car accident is rare, but it does happen, and it is often necessary to help ensure that victims are treated fairly by all parties involved.

We know that going to court may seem scary, but if you have made it to that point, you will likely have done so with an attorney who has your back the entire way.

Please make sure to file your lawsuit against another party as promptly as possible. The personal injury statute of limitations in Texas states that these claims must be filed within two years from the date the injury occurs.

Any delay beyond this to your time frame will likely lead to the victim becoming unable to recover compensation.

Call An Austin Car Accident Attorney for a Free Consultation

If you have been involved in a vehicle accident and are running into any issues recovering compensation, please reach out to a Austin car accident attorney as soon as possible. When you get an attorney involved with your case, you will have an advocate ready to handle every aspect of your claim, whether it concerns only insurance carriers or whether you have to go to court.