The odds of winning a car accident lawsuit in Texas depend on the facts and circumstances. If you have a valid claim, your odds of reaching a settlement rather than going to court are about 90 to 95 percent, according to the U.S. Department of Justice. Automobile accident cases that proceed to trial have a 60 percent success rate in favor of the plaintiff (injured victim). Speak with an experienced San Antonio accident attorney if you are in search of strong legal guidance.
A Closer Look at the Statistics
The largest percentage of personal injury cases filed in the U.S. are auto torts for damage or injuries caused by a motor vehicle collision. About three-fourths or 75 percent are resolved through agreed settlements or voluntary case dismissals. Only 3 percent of personal injury cases filed are completed by trial verdict.
Statistics show that the vast majority of automobile accident cases filed in the United States reach successful settlements, meaning victims receive payouts from an insurance company or defendant (at-fault party). If a settlement cannot be reached and the case goes to trial, the odds of success are around 60 percent. However, most cases – even those with court filings – are resolved via pre-trial settlements.
Auto tort cases are settled in a shorter amount of time than other case types. Case processing is fast for automobile accident tort cases, with a median timeline of one year. This is due in part to having the fewest number of involved parties (typically three or less) and the likelihood of having an individual rather than an institution as the defendant.Â
Factors Involved in the Success of a Car Accident Lawsuit in Texas
The odds of you winning your specific car accident lawsuit in Texas will depend on the unique circumstances surrounding the case. Several factors can decrease or increase the odds of success.
Strength of the Evidence
Since Texas is a fault state, not a no-fault state, it is up to the victim or filing party to prove fault. If you file a claim, it is up to you or your car accident lawyer to prove that the other party or defendant is more likely to be at fault for your car accident than not at fault. This requires compelling evidence.
Your evidence should be clear, objective and authentic. Types of evidence often include a police report, photographs and video footage, eyewitness statements, cell phone records, and expert testimony. Having well-documented injuries backed by medical records can also improve your odds of a credible and successful claim.
Correct Legal Procedure
Making a procedural error can deem your case invalid and cause the courts to dismiss it before it begins. Common mistakes include waiting too long and missing the statute of limitations (deadline to file, which is two years for most cases in Texas), admitting fault or making statements that hurt your case, and failing to file the right paperwork.
Legal Representation
Whether or not you hire a personal injury attorney in San Antonio to represent you can make a major difference to the outcome of your car accident case in Texas. A lawyer will have the resources, legal team and experience to build the strongest claim possible on your behalf.
Your attorney can guide you through what to do and what not to do early on to build your case. Your lawyer can represent you during settlement negotiations or court litigation in Texas to improve the likelihood of success.
Having a skilled car accident lawyer on your side can greatly increase the odds of winning your car accident lawsuit. A car accident attorney will maximize your financial recovery using aggressive legal tactics while you focus on healing from your injuries. Contact us today.