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What Happens If You Lose a Car Accident Lawsuit?

After a car accident, many people settle out of court, but some cases go to trial. What happens if you lose a car accident lawsuit depends on whether you are a plaintiff or a defendant. If you are the plaintiff, and the jury agrees with the settlement the insurance company previously offered, you will have to accept that settlement offer.

If you are the defendant, and the jury finds that you caused the accident, you must pay the other driver’s damages. The damages will compensate the other party for medical expenses, lost wages, property damage, and more. 

How Am I Going to Pay for Legal Representation?

Most personal injury attorneys will take cases they know they can win. Most often, they also take those cases on contingency. If we accept your case, then we’re confident we can win for you, plus, under contingency, you pay nothing unless we win. 

We only collect if we successfully obtain compensation on your behalf. If you lose your car accident case, your lawyer will not get paid. They have an invested interest in your success.

Why Go to Court After a Car Accident?

There are several reasons to take your car accident case to court in Texas. You may disagree with the insurance company’s decisions about the accident. Those decisions could either be:

  • You disagree with the insurance company’s findings that you are responsible for the accident. If found responsible for the accident, you will have to pay for damages incurred by the other party.
  • You disagree with the compensation offered to you by the insurance company. Even when the insurance company agrees that you did not cause the accident, they may try to shortchange you when it comes to your settlement. Our lawyers can negotiate an out-of-court settlement, but we can seek damages in court if the insurance company refuses to adequately compensate you.

Most Car Accident Cases Settle Outside of Court

Lawsuits are expensive for both sides. Our personal injury lawyers take risks building cases in the hopes of returns on the end. Insurance companies and defense lawyers also incur great legal costs if a case goes to trial. It’s in everyone’s interests to reach an agreeable settlement. 

That does not mean we will shortchange our clients, but sometimes the act of filing a lawsuit is enough to force an insurance company to agree to our terms. 

What Happens in a Car Accident Lawsuit?

A car accident lawsuit is a complex process that involves investigating the accident, creating a compelling argument that will convince the jury, and delivering that argument in a courtroom. 

While you can represent yourself, you may feel more confident about your case if you work with our car accident lawyers who have years of experience representing people just like you. Here is a brief overview of how a car accident lawsuit works:

Jury Selection

The court will randomly select jurors to decide your case. We can interview the jurors to rule out anyone who might be biased, for example, jurors who have been involved in similar car accidents.

Pretrial Preparation

We will work with you to prepare a case that advocates for your best interests. We will interview you and any witnesses, gather evidence such as police reports, pictures of the scene, and more to support your side of the case.

In-Court Arguments

Both sides make arguments supporting their position. The trial starts with opening statements by each side outlining their arguments. The plaintiff’s lawyer will make his case first, followed by the defendant’s lawyer. Both sides will then offer closing arguments.

Deliberation by the Jury

The jury will weigh the evidence and the arguments, deliberate, and decide on a verdict. We can never guarantee an outcome, so it is possible that you could lose. Our goal is to build the strongest case possible to combat any stance the defendant and their insurer could make against you.

When to File a Car Accident Lawsuit in Texas

If you were injured or lost a loved one in a car accident in Texas, you can file a lawsuit against the at-fault party. In general, you only have two years from the date of the accident to sue the other driver in a personal injury lawsuit, according to the statute of limitations established in Texas Civil Practice and Remedies Code § 16.003

This same statute would apply if you lost a loved one. You only have two years from the date your loved one passed away to file a lawsuit for wrongful death. Our personal injury lawyer with Loncar Lyon Jenkins will alert you if any exceptions to these limits apply to your case.

Loncar Lyon Jenkins Can Represent You in a Car Accident Lawsuit

If you face a lawsuit after a car accident, our lawyers at Loncar Lyon Jenkins may be able to help. Whether you are the plaintiff or defendant, we will advocate for your best interests. Call in the Strong Arm today by calling us or contacting us online. 

We offer free case consultations and work on contingency, so you pay nothing unless we win your case. The sooner you call, the sooner we can get started on your case.

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Ted Lyon

Born in Terrell, Texas, Attorney Ted Lyon, a partner of Loncar Lyon Jenkins, attended East texas State University, now Texas A&M at Commerce, where he obtained his undergraduate degree in political science. Working as a police officer, Attorney Lyon paid his way through undergraduate school, followed by attendance at the Southern Methodist University School of Law. Learn More


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