If your friend or family member was the at-fault driver in a crash that caused you to suffer injuries, it may seem like a betrayal to sue them for damages. However, the important thing to remember is that you are recovering damages from your loved one’s insurance company and not from them directly.
At Anderson & Cummings, we discuss more about crashes where you may need to seek compensation against the liability insurance of a friend or family member. Our Fort Worth vehicle crash attorneys have been recovering compensation for the injured in Texas for decades. We have recovered over $100 million on our clients’ behalf.
Call for a FREE case review to learn about your legal options today. (717) 727-1403
Why It May Be Hard To File a Claim Against a Friend or Family Member
Personal injury cases can pose emotional challenges, especially if a friend or family member’s negligence contributed to or caused your crash. There are many concerns crash victims may have about suing a friend or family member, such as:
- Increasing their loved one’s insurance premiums: This may or may not happen, depending on the circumstances. However, even without filing a legal claim, the fact your loved one had a crash is typically the real cause of increased premiums.
- Paying attorney costs: This is also not something to be concerned about as the insurance company provides an attorney at no extra cost to your loved one.
- Impact on the relationship: If you were injured and the liable party is someone you care about, it is natural to not want to take legal action against them. However, if you have an experienced attorney who understands the situation, he or she can handle things in a non-threatening way.
Important Facts To Remember About Personal Injury Claims
Before discussing whether or not you should sue a friend or family after a car crash, it is important to determine if you have a legal case. To find this information out, you will need to contact an attorney to discuss your situation. At Anderson & Cummings, we accept car crash cases on contingency, and we do not charge you anything for a case review.
In Fort Worth, as in the rest of Texas, personal injury law provides a way for injured parties to seek compensation for damages caused by someone else’s negligence. Negligence, in this context, refers to a driver’s failure to act with reasonable care, resulting in injury or damage to another party.
Negligence and How it Determines if You Have a Case
When considering a personal injury lawsuit, you must determine whether negligence played a role in the collision. If you can demonstrate that the other party’s actions or inactions caused the crash that led to your injuries, you may have valid grounds for a claim. This is true regardless of your relationship with them.
How Long Do I Have To File a Claim in Texas?
It is critical to keep in mind that Texas has a statute of limitations for seeking compensation through personal injury claims. Typically, injured victims have a two-year window starting from the date of the accident. If you do not initiate legal proceedings prior to this deadline, you may be forfeiting your right to seek compensation. Waiting too late to call an attorney could also impact your ability to file a claim. Many law firms may not want to take your case on if it is too close to the deadline. Your attorney needs time to:
- Fully investigate the accident scene
- Gather and examine crash evidence
- Determine if there are credible witnesses
- Negotiate your settlement
- And much more
Should You File a Claim Against Your Friend or Family Member?
The decision of whether to file a lawsuit against a friend or family member following a Fort Worth collision is a difficult one. While the emotional aspect of taking legal action may tempt you to forgo seeking the damages you need, it is not a good idea. Filing a claim against your loved one’s auto insurance will help you to recover compensation for the damages you sustained in the crash.
If you do not file a claim against your loved one, the insurance company benefits. You, on the other hand, will not only have the injuries to deal with, but you will also end up paying for the damages out of your own pocket. In all likelihood, this is not something your loved one will want for you.
It is far better to have an attorney help you seek full and fair compensation from the insurance company. Although you may care about your loved one, it is equally important to consider your own well-being and ability to get the treatment you need. Personal injury claims often target insurance companies rather than individuals directly.
Call Our Trusted Law Firm To Seek the Compensation You Need
We advise you to seek legal help after any crash that causes you harm. A knowledgeable attorney can help determine if you have a case and if so, what your legal options may be.
Our law firm in Fort Worth, Texas is prepared to help. We offer a completely free consultation, and if you choose our firm to represent you, there are also no upfront costs or fees. We only get paid if we win your case and you get paid.
Our staff is available to take your call 24/7. Call: (717) 727-1403 to get started.