Filing a Car Accident Lawsuit in Texas

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Filing a car accident lawsuit may not interest you after a crash, but it’s a crucial step toward securing the justice and compensation you deserve. After a car accident, you might be dealing with more than just physical recovery—you could be dealing with mounting medical bills, lost income, and the emotional toll of the incident. Learning and understanding the process of filing a lawsuit can help you take control of your situation and move forward with confidence.

At the Cain Firm, we understand that recovering from a car accident isn’t just about addressing immediate damages—it’s about protecting your future. Our legal team is committed to guiding you through every step of the legal process, never leaving you in the dark. With decades of legal experience and dedication, we’ll work tirelessly to ensure your voice is heard and your rights are fully protected from start to finish.

Who can file a car accident lawsuit in Texas?

In Texas, anyone injured in a car accident due to someone else’s negligence has the right to file a lawsuit to recover damages. This includes drivers, passengers, pedestrians, bicyclists, or anyone else injured. If you’ve suffered physical, emotional, or financial harm because of another party’s actions, you may have grounds for a claim.

It’s also important to note that Texas follows a comparative negligence rule. Even if you were partially at fault for the accident, you might still recover compensation as long as you’re not more than 50% responsible. If you believe you may have some sort of fault, don’t be scared to reach out to a skilled attorney. You have rights; they can assess your case and help you determine your eligibility.

How long do you have to file a lawsuit?

 In Texas, you have two years from the date of a car accident to file a lawsuit for personal injury or property damage. This deadline, the statute of limitations, is strict—if you miss it, you could lose your chance to recover the compensation you deserve.

While two years might seem like plenty of time, building a strong case takes work. Gathering evidence, dealing with insurance companies, and negotiating settlements can all take longer than you expect. That’s why it’s important to speak with an attorney as soon as possible to keep your case on track.

There are exceptions to the two-year rule, like cases involving minors or accidents with government vehicles, so it’s always smart to get legal advice to your unique situation.

We stand ready to protect your rights, prove fault, and collect maximum tax-free payment for your injury claims.

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Brett Cain

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Tips for filing a car accident lawsuit

Filing a lawsuit can feel overwhelming and even unnecessary, but taking the right steps early on can make all the difference. Start by documenting everything—take photos of the scene, keep records of medical treatments, and gather witness statements. Be sure to report the accident to the police and your insurance company as soon as possible.

Next, avoid speaking to the other party’s insurance company without legal advice. Anything you say can be used to minimize your claim. Consulting with an experienced car accident lawyer ensures your rights are protected from the start.

Car accident lawsuit timeline

The process of filing a car accident lawsuit involves several important steps. Here’s a breakdown of what to expect at each stage:

• Evidence collection: Before filing a lawsuit, your attorney will gather all necessary evidence to build your case. This includes police reports, medical records, photographs of the accident scene, witness statements, and any other documentation that supports your claim. This step is critical for proving fault and damages.
• Demand letter: Once your case is well-documented, your attorney will send a formal demand letter to the at-fault party’s insurance company. This letter outlines the details of the accident, your injuries, and the compensation you’re seeking. It’s often the first opportunity to resolve the matter without going to court. This letter is sent mainly to notify the other party.
• Filing a complaint: If there is no resolution from the demand letter, the next step is to file a legal complaint in court. This document officially starts the lawsuit and lays out your claims against the defendant. Your attorney will ensure all paperwork is filed correctly and on time.
• Defendant’s response: After the complaint is filed, the defendant has a set amount of time (typically a couple of days) to respond. They may admit fault, deny the claims, or file a counterclaim. This step sets the tone for how the case will proceed.
• Discovery phase: During discovery, both parties exchange information and evidence related to the case. This can include depositions, interrogatories (written questions), and document requests. This is often the longest part of the process.
• Settlement negotiations: Many cases are resolved during settlement discussions after discovery. Your attorney will negotiate on your behalf to reach an agreement that fairly compensates you for your injuries and losses. If a settlement is reached, the case ends here.
• Trial: If no settlement is reached, the case will proceed to trial. At this stage, both sides present their evidence and arguments before a judge or jury. A verdict is then issued, and if you win, the court will determine the amount of compensation you’re awarded.
• Appeals: If either party disagrees with the trial’s outcome, they may appeal the decision, starting a new process to a higher court.

 How long does a car accident lawsuit take?

The entire process can take anywhere from several months to a few years, depending on factors like how complicated the case is, court schedules, and whether the case is resolved through settlement or goes to trial. An experienced attorney can help with the process and keep you informed every step of the way.

Take control of your lawsuit with the help of the Cain Firm

Filing a car accident lawsuit in Texas isn’t just about paperwork and deadlines—it’s about building a strong case and standing up for what you deserve.

At the Cain Firm, we’ll handle the heavy lifting so you can focus on recovering. From gathering evidence and negotiating settlements to representing you in court if necessary, we’ll be your trusted advocate every step of the way.

You don’t have to face this alone. We offer a free consultation to review your case and explain your options. Let us fight for the compensation you deserve so you can focus on healing and moving forward. Contact us today to get started—justice is just a conversation away.