What to Do After an Accident Part 6
Your case settled or we need to file a lawsuit for you.
If your case settled, it is because the insurance company or company that injured you offered enough money to put you at risk. That means, the insurance company or the company that injured you offered you an amount of money that is satisfactory to you, because you are at risk of getting less from a jury. Congratulations! We did it!
If your injuries and damages exceed the maximum amount of insurance coverage the other person has and that maximum amount is offered to you, you will need to file a claim against your insurance company (if you have underinsured motorist coverage) to get more money. If a big company caused your injuries, underinsured coverage usually does not come into play, because the big companies usually have enough insurance coverage or enough money in the bank to cover your injuries and damages.
If the insurance company does not offer enough money to satisfy you or put you at risk of getting less from a jury and you want more money in your pocket, we will need to file a lawsuit against the person or company that injured you. If you were injured by someone who does not have insurance or who fled the scene of the accident before you could get their insurance information, you will need to sue your own insurance company to get money, but only if you have paid for uninsured motorist coverage on your insurance policy.
Once we file a lawsuit, the process of getting your money will slow. Remember the “fast money” and “slow money” saying from the previous article. Be patient and be still, because “slow money” usually means “big money” in your pocket. The process slows, because the defendant must be given official notice of your lawsuit—also known as service of process or service of citation. The defendant will have a certain amount of time to file an answer to your lawsuit. Some defendants avoid or evade notice of the lawsuit by not answering the door and pretending to not be home when the constable or process server shows up to notify them. This slows the process too, but we eventually get them notified.
When the defendant files their answer, the clock starts to run on a number of deadlines, documents are exchanged between the lawyers (also known as discovery requests and discovery responses), depositions are taken, and sometimes requests (also known as motions) are filed with the judge to obtain cooperation, inspections of property, depositions of an unwilling witness, additional evidence, etc. Depending on how hard the defendant fights, the lawsuit process (litigation) can take a while, but some cases settle right after we file a lawsuit because we filed a lawsuit. Remember, a settlement usually means you were offered enough money to satisfy you and put you at risk.
An experienced personal injury lawyer knows how to navigate uninsured and underinsured motorist claims and the litigation process. Be patient and cooperative, and your money will come.
Talk to a skilled Houston personal injury attorney
Don’t let the insurance company or company that injured you wear you down. Get the money you deserve. If you have injuries involving a personal injury accident of any kind, contact the Houston personal injury attorneys at BadassInjuryLawers.com today to schedule a free consultation and discuss your options to get the money you deserve.