Will I Need to File a Lawsuit in My Fort Worth Car Accident Case?

Car Accident Cases in Fort Worth | Car Accident Attorney | Berenson Injury Law

If you have been harmed by another driver’s negligence, obtaining just compensation by filing a car accident case is the best way to ensure that you get recovery. If you are concerned about needing to file a lawsuit and going to trial, that is completely understandable—you have been injured and are facing significant losses, and filing a lawsuit adds considerable stress to the situation. The good news is that the vast majority of car accident cases are settled out of court, and yours is very likely to do the same. If you find yourself in this difficult situation, the best path forward is with an experienced Fort Worth car accident attorney in your corner.

Negligence and Your Car Accident Case

Car accident cases stem from the negligence of other motorists. There are several types of negligence that are common.


Distracted driving is an enormous problem on our streets. Texting is the most dangerous distraction. When motorists choose to pay attention to typing or reading texts, they spend an average of five seconds focused on the task and on the highway, those five seconds translate to driving about the length of a football field. Further, texting engages all three forms of distraction, including:

  • The driver’s hands
  • The driver’s thoughts
  • The driver’s vision

Drivers who text behind the wheel make our roadways less safe for all of us.


Drunk drivers experience an array of impairments that make them exceptionally unsafe drivers, including cognitive, physical, and even sensory impairments.


The dangers associated with drowsy driving are gaining more and more recognition, and the risk is very real. In fact, drowsy drivers experience many of the same impairments as drunk drivers—generally without recognizing the immense danger they pose.

Excess Speed

When motorists speed, they allow themselves less time to react safely to dangers on the road ahead, and they also increase the likelihood that any resulting accidents will be deadly. Excessive speeding is the hallmark of aggressive driving, and aggressive drivers are some of the deadliest drivers out there.

Losses and Your Car Accident Case

In your car accident case, you will seek compensation for the physical, financial, and emotional losses you experience, which are referred to as your legal damages. In addition to property damage to your vehicle, these losses break down into several basic categories.

Medical Expenses

The medical expenses associated with car accidents are often extensive, and if you’ve been seriously injured, your costs are likely to extend into the future. To make the matter more difficult, many injuries lead to secondary complications that are challenging to overcome.

Lost Income

While you seek the medical attention you need and focus on recovering from your physical injuries, lost income related to lost hours on the job is a common and costly side effect. If your ability to do your job or to continue developing your career is affected, you can expect even more significant losses.

Pain and Suffering

The psychological pain and suffering associated with being injured in a violent car accident that was caused by someone else’s negligence can rival your physical pain and suffering—and can be difficult to overcome.

Ensuring that your complete losses are clearly outlined in your car accident case is essential to recovering those losses in full. With a settlement or jury verdict that adequately covers your bills and lost wages and that fairly compensates you for the suffering the accident caused you, your ability to reach your most complete physical and emotional recovery will be maximized.

Your Fort Worth Car Accident Attorney

Your dedicated car accident attorney will take on the car insurance company on your behalf and will skillfully negotiate for a settlement that fairly compensates you for the losses you’ve experienced. The most important point to keep in mind is that, although the insurance company is paid to cover your car accident case, it is in the business of bolstering its profits, which means that it is highly invested in keeping your settlement low. Your attorney will take on all the following important tasks in defense of your legal rights along the way:

  • Gathering all the relevant evidence in your case, including eyewitness testimony
  • Hiring expert witnesses whose expertise supports your claim
  • Building a strong claim that is difficult for the insurance company to refute
  • Communicating and negotiating with the insurance company on behalf of your claim

Will I Need to File a Lawsuit?

In most cases, only if the insurance company refuses to engage in fair negotiations that reasonably address the losses you’ve experienced will you need to file a lawsuit in your car accident case. However, it is still possible to avoid trial.

After filing a lawsuit, both sides will exchange evidence during the discovery phase, and then your lawyer will arrange for mediation. Mediation is another chance to negotiate and secure a fair settlement before the case goes to court.

An Experienced Fort Worth Car Accident Attorney Can Help With Your Car Accident Case

If you’ve been injured by another motorist’s negligence, an experienced Fort Worth car accident attorney has the experience and keen legal insight to help. Mr. Berenson has represented hundreds of injured Texans over the past 42 years. Contact us for a free consultation today.

For more information about car accident lawsuits:

Should You Settle Or Sue After Car Crash?

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