Lawsuits are filed every day in Texas, but rarely are they filed immediately after an accident occurs. There are two basic reasons to delay filing a lawsuit:
To try to see if the case can be resolved without having to file suit
To complete an initial investigation of the facts surrounding the case.
I will make an attempt to resolve a case prior to filing a lawsuit as long as two criteria are met:
The liability facts must not be in dispute and
My client's damages must not be life-changing.
Liability is often non-disputable in car accident cases, as it's usually clearly the fault of one of the parties. Assuming an accident report is filled out by the investigating police officer, the report will usually assign fault to one of the drivers. The officer's opinion is hard to challenge and often determines the liability question (or "who is at fault?").
If the facts are in dispute, then it's unlikely that the case can be resolved without filing a lawsuit. Insurance companies will not pay fair money until you convince them-through the testimony of witnesses and other evidence-that their own insured was at fault. Plus, if the liability facts of the case are more complicated (such as in medical malpractice cases or product liability actions) then there is virtually zero chance of obtaining a settlement without litigation.
When deciding whether to immediately file a lawsuit or try to negotiate a settlement, I also look at the extent and severity of injuries. If I am dealing with a very serious and permanent injury case, or even a death case, then I find it becomes extremely difficult to resolve the case without a lawsuit. The value of these types of cases is higher than an average case and my experience tells me that to get the fair value for severe injury cases, a lawsuit must be filed and pursued aggressively by the injured party's attorney. You might be thinking I sound like a broken record, but insurance companies just don't give away money. An attorney must convince the insurance company that the case is positioned where a jury will award considerable monetary damages to the injured person. In short, I find it's usually best to go directly into litigation when liability is in dispute or the damages are severe and permanent. In those situations, trying to resolve cases without a lawsuit is a waste of time.
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