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Being sued after a car accident in Texas can feel overwhelming, but understanding the steps you should take can greatly influence the outcome of your case. If you’ve received a lawsuit, how you respond is critical. This article outlines essential actions to protect your rights, navigate the legal process, and mitigate potential financial losses.
Upon receiving a lawsuit, take the time to review it thoroughly. This legal document will include important information, such as the claims being made against you, the damages sought by the plaintiff, and the deadline for responding to the lawsuit. The court typically allows you only a limited amount of time to file a response, so it’s important to take action immediately.
When you know you’ve been sued, notify your car insurance company. Most car insurance policies include coverage for legal defense, meaning your insurance provider will appoint a lawyer to represent you in the lawsuit. Failing to inform your insurance company could lead to complications or even denial of coverage, leaving you personally responsible for the cost of legal defense and any resulting judgment.
Read More: Can I Sue My Own Auto Insurance Company in Texas?
Texas requires drivers to have liability insurance, but not all policies are created equal. The coverage provided by your insurance may vary depending on your policy’s liability limits. If the damages sought exceed your policy limits, you could be personally liable for any amount that surpasses those limits. Understanding the extent of your insurance coverage will help you gauge your potential financial exposure.
In Texas, once you’ve been served with a lawsuit, you typically have 20 days (plus the next Monday) to file a formal written response, called an “answer.” Your answer addresses the plaintiff’s claims, either admitting, denying, or stating that you lack sufficient information to admit or deny each allegation. Failing to file an answer within the required time can result in a default judgment, meaning the court could automatically rule in favor of the plaintiff without hearing your defense.
Maintaining clear communication with your legal counsel is essential whether your insurance company provides an attorney or not. Provide your attorney with all the details about the accident, including any photos, witness statements, and reports you may have collected. Your lawyer will help build a defense strategy, assess whether any counterclaims are appropriate, and advise you on potential settlement options.
Understand that your insurance company can use “in-house” or employee attorneys to defend your case in Texas. Or hire an attorney whose bread is buttered by the insurance company business. The potential for conflict is obvious. Demanding that your attorney settle the case against you is often a necessary approach to protecting yourself.
Many car accident lawsuits in Texas are resolved through settlements rather than going to trial. A settlement occurs when both parties agree to resolve the case for an agreed-upon amount, typically less than the plaintiff originally sought. Settling a case can save time, reduce legal fees, and provide certainty compared to the unpredictable nature of a jury trial. Your attorney will negotiate with the plaintiff’s legal team and evaluate whether a settlement offer is in your best interest.
Read More: Dealing With a Car Accident in Texas Where You’re at Fault
Your case may go to trial if a settlement cannot be reached. During this time, your attorney will work with you to gather evidence, secure expert witnesses if necessary, and prepare arguments to challenge the plaintiff’s claims. Texas courts follow strict rules regarding evidence and procedure, so adhering to deadlines and following legal requirements is vital. Be prepared to testify about the accident and your actions during the event.
The result of a car accident lawsuit in Texas could vary significantly based on the facts of the case, the strength of the evidence, and the arguments made by both sides. Potential outcomes include:
Dismissal
If the plaintiff’s claims are weak or lack legal basis, the court may dismiss the case altogether.
Judgment for the Plaintiff
If the plaintiff proves their case, the court may issue a judgment requiring you to pay damages, including medical bills, lost wages, and property damage. This could also include non-economic damages, such as pain and suffering.
Reduced Liability
Texas follows a modified comparative fault rule, meaning that if you are only partially at fault for the accident, your liability may be reduced by the percentage of fault assigned to the plaintiff. For example, if the court determines you were 60% responsible for the accident, and the total damages are $100,000, you would only be required to pay $60,000.
If the court rules against you, it may be possible to appeal the decision to a higher court. Appeals typically focus on legal errors made during the trial rather than a re-examination of the facts. If you believe the court made an error in applying the law or allowed improper evidence to influence the outcome, an appeal might be a viable option. However, appeals can be lengthy and expensive, so carefully weigh the pros and cons.
After resolving the lawsuit, consider steps you can take to reduce the risk of future litigation. Maintaining proper insurance coverage, driving defensively, and documenting any accidents can help protect you from future lawsuits. It may also be beneficial to periodically review your insurance policy with an agent to ensure that you have adequate coverage for potential legal claims.
Being sued after a car accident in Houston, Texas, is a serious matter that requires immediate attention. You can confidently navigate the legal process by carefully reviewing the lawsuit, working with your insurance company and attorney, and considering settlement options. Contact a reputable attorney near you to discuss your rights and options in depth.
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