When someone else crashes into you, you expect that person to compensate you for your losses. However, if that other person does not believe they are responsible, or if they do not have the financial resources to pay your claim, they might challenge it. If so, the burden falls on you to prove your case and win your car accident lawsuit.
Numerous variables can affect how likely it is that your car accident claim will succeed. While some variables may be beyond your control, you can influence others and increase your chance of success. Keep reading to learn more.
5 Factors That Affect Your Lawsuit’s Outcome
Every car accident case in Texas is unique, and there is no “magic formula” that guarantees a claim will succeed. However, winning lawsuits tend to share some common characteristics, including:
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1. Successful Lawsuits Are Filed In A Timely Manner
Car accident lawsuits should be filed as quickly as possible, even though Texas law typically permits you to file yours up to two years after your wreck. Witnesses and evidence necessary to prove your case are easier to locate soon after the accident. Additionally, people tend to remember details of events better if asked to recall them shortly after they happen.
2. Winning Claims Are Supported By Objective Evidence
Speaking of evidence, the more unbiased and objective evidence and testimony you have to support your claim, the more likely it is to be resolved successfully. While your recollections of the crash are important, video footage, cell phone records, and credible eyewitnesses all make your case even stronger.
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3. The Plaintiffs Allege Well-Documented Injuries
The main purpose of filing a car accident lawsuit is to recover compensation for your financial and other losses. The less speculative these injuries are, the stronger your case will be. Medical records, wage statements, repair estimates, and therapy notes can all substantiate your allegations of harm and, by extension, make your overall claim more credible.
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4. The Plaintiffs Do Not Admit Fault
Any admission you make that you might have caused the crash risks your recovery. While it is still possible to win your case if you admit to some careless error behind the wheel, the strongest and most winnable cases are those where the injured party does not apologize or confess to any negligent behavior.
5. Strong Claims Do Not Settle Prematurely
When you have a strong case against an at-fault driver, that driver or their insurance will likely offer you a fast settlement. Oftentimes, these settlement offers are less than what you need or what is fair under the circumstances. An otherwise solid car accident lawsuit can lead to an insufficient recovery if you do not carefully evaluate settlement offers before accepting them.
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Whether your lawsuit features one or all five of the above factors, your chances of succeeding with your claim improve when you have an experienced attorney helping you. A lawyer can manage and advance your case while you continue to recover from a brain injury or other severe harm. This assistance can help alleviate any stress you may feel and allow you to focus on other aspects of your recovery while your lawsuit proceeds.
For more information, contact the Houston brain injury law firm of Attorney Brian White Personal Injury Lawyers by calling (713) 500-5000.
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About the Author Brian White
Brian White earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. As a Board-Certified Personal Injury Trial Lawyer, Brian represents clients throughout Houston in cases involving car accidents, truck accidents, motorcycle accidents, brain injuries, wrongful death, and more.
Dedicated to giving back, he actively supports local charities and community initiatives across Houston. Client testimonials highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents.
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