When do you need to determine that it is time to sue for your car wreck?  In Texas there are over 200,000 injuries per year resulting from car wrecks.  About 5% of those injuries end up in trial.

There are advantages and disadvantages to both sides when you decide to sue.  Your personal injury attorney will help you to understand when you need to sue for your car wreck.

Advantages of Filing a Lawsuit

There are a lot changes when you sue for your car wreck.  The following are some of the advantages of filing the lawsuit:

  • Resolution.  You will now have a trial date. This means there is a date when a court could decide your damages.  A deadline prompts both sides to work on a settlement.
  • Costs.  The defendant’s insurance company now has to start spending money on the case.  They will need to hire an attorney and experts.  All of which add to their costs.
  • Evidence.  You can now send discovery to the defendant.  Discovery helps you to learn how much insurance the defendant carried.  It will also help to find the defendant has other assets.
  • Judgment.  You have a chance of receiving more money from a judgment.  Insurance companies are very experienced at paying the minimum amount to settle a claim.  A judgment throws this out the door.

Disadvantages of Filing a Lawsuit

It is not always in your best interest to sue for your car wreck.  The following are some of the disadvantages of filing a lawsuit:

  • Resolution.  If your attorney was close to resolving your claim, it could now take longer.  Even though you now have a trial date, the date is likely to be more than a year away.  Instead of dealing with just the adjuster, there will be an attorney for the defendant who must approve the settlement.
  • Percentage.  Most personal injury attorneys work on a contingency fee.  They receive a percentage of your recovery.  This percentage usually increases when the suit is filed.
  • Expenses.  There are costs to filing a lawsuit, serving the defendant, and even requesting a jury trial.  Your recovery pays for all these expenses.  As the lawsuit moves forward, you will also have the cost of depositions, expert witnesses, and even a mediation.  Trials are expensive.  Expenses ultimately reduce the amount you are likely to receive.
  • Judgment.  The court could award you less money that you planned.  Many jurors have a problem awarding more than the medical costs.  They don’t believe in awarding pain and suffering or extra money for your troubles.


There are clearly times that you need to sue for your car wreck.  But first, you need to understand the benefits and costs of your decision.  With this you can have the best chance of receiving the recovery that you deserve.