After a car accident, you do not have to go to court if both parties agree to a settlement. If you are involved in a criminal case, you may have to appear in court as the plaintiff or a witness. While most car accidents victims settle out of court, there may be instances in which you have to file a lawsuit and plead your case before a judge or jury.
If you were injured in a car accident and want to explore your legal options, you may want to consult a car accident attorney in Dallas, TX. An attorney can investigate your accident, discuss your options, and guide you through litigation. They can also fight for a fair settlement on your behalf, whether you settle in or out of court.
Reasons You May Have to Go to Court for a Car Accident
There are situations in which going to court for a car accident is either necessary or preferable.
The Insurance Company doesn’t Settle
In a perfect scenario, your attorney submits your car accident claim, and the insurance company pays the amount on the claim. However, the insurance company may deny your claim or offer a settlement that does not reflect your damages. If so, you may have to sue the liable party and take your claim to court to win your case.
The At-Fault Driver is Uninsured
Texas drivers must carry proof of auto insurance when operating a vehicle. If you are in a car accident and the other driver is uninsured, you may take them to court to recover your losses. However, don’t expect to recover all your financial losses. Chances are, if the driver does not have insurance, they can’t afford to pay you thousands of dollars in damages.
The Court May Summon You
If you are the victim of a case involving criminal activity, a traffic violation, wrongful death, or gross negligence, the court may summon you to appear as a witness. If so, you may have no choice but to appear.
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Reasons to Settle Out of Court
There are several reasons why you may want to settle out of court.
The Settlement Is Set in Stone
One of the reasons your lawyer may suggest that you settle out of court is that the settlement is virtually guaranteed and legally binding. You get a guaranteed payment because all parties agree to settle. It is a better option than a court case because you never know how the judge or jury will decide your case.
The Process Is More Simple
When filing a civil claim against another party, you are more likely to settle quickly with less effort than if you settle out of court. Once a case goes to court, it could take several months for a judge or jury to reach a verdict. Some cases drag on for several years.
Settling Out of Court Could be Less Stressful
If you are recovering from your injuries, you are already experiencing a significant amount of physical and emotional trauma. The last thing you need is a complicated court case to add stress to your life. A court case could also cause you more financial stress. Settling out of court is less stressful. It allows you to settle so that you can move on quickly.
How to Avoid Going to Court After a Car Accident
In most car accident cases, the goal of both parties is to settle out of court as quickly as possible with little to no problem. So, if you want to avoid going to court after a car accident, follow these tips.
- Seek medical attention right away – do not delay.
- Keep all receipts, invoices, and paperwork related to your case.
- Consult a car accident lawyer in Dallas, TX, as soon as possible.
- If possible, avoid talking to anyone about your case.
- Take photos or videos of the accident and give them to your attorney.
- Do not admit fault for the accident until you consult your attorney.
You are more likely to avoid a court case with legal representation from a law firm in Texas that handles car accident cases. Your lawyer’s job is to help you get the best outcome for your personal injury case.
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We Represent Car Accident Victims in All Types of Cases
Whether you settle out of court, file a lawsuit, or participate in a criminal case, Loncar Lyon Jenkins can help you with your car accident case. Let one of our attorneys help you get a fair settlement from the insurance company or fight for you in court.
Call us or contact us online today to get a free case evaluation from a team member.
