5 Myths About Filing a Car Accident Lawsuit
When people think about filing a car accident lawsuit, they often picture long trials, endless paperwork, and uncertainty. These perceptions can discourage victims from pursuing justice, even when they could be entitled to compensation. Because misinformation spreads quickly, we want to clear up some of the most common myths about filing a car accident case in Texas.
At Ardoin Law Firm, we’ve helped countless clients work through the challenges of recovery and legal claims. Our experience has shown us just how damaging these myths can be when they stop people from taking action after a car accident. That’s why we believe it’s important to separate fact from fiction, so you can make confident, informed decisions about your future.
If you live in Houston, Texas, or the surrounding areas of Harris County, Dallas County, Tarrant County, Bexar County, and Travis County, and have been involved in a car accident, contact us today to schedule an appointment.
1. Filing a Car Accident Lawsuit Is Always Expensive
Many people believe that going to court automatically means heavy legal fees and impossible costs. This assumption keeps victims from even exploring their options. The truth is far more approachable, and it’s important to know what resources are available.
When it comes to filing a car accident lawsuit, there are several financial misunderstandings that need to be addressed. Below are some of the most common points that get overlooked:
Most lawyers work on contingency: Many personal injury lawyers, including those handling car accident cases, don’t charge upfront fees. Instead, they collect payment only if the case is successful. This approach makes the process accessible to victims who are already struggling financially.
Court costs can vary: While there are expenses tied to filing and pursuing a lawsuit, these costs are often more manageable than people expect. Additionally, in successful cases, these costs may be recoverable from the opposing side.
Legal fees aren’t immediate: Because contingency fees are common, clients aren’t paying while the case is ongoing. This setup gives victims the breathing room they need to focus on healing while their lawyer handles the legal process.
It’s important to remember that pursuing justice isn’t reserved for the wealthy. Filing a car accident lawsuit can be far more affordable than many assume, especially with the right representation.
2. You Can File a Car Accident Lawsuit at Any Time
Another major misconception is that victims can wait indefinitely before deciding to file a lawsuit. Unfortunately, Texas law sets strict time limits that can significantly affect your case.
In Texas, the statute of limitations for filing a car accident lawsuit is generally two years from the date of the accident. Missing this deadline can mean losing the ability to pursue compensation altogether. That’s why acting quickly is so important.
To better understand the timeline, here are a few key considerations:
Two-year filing deadline: For most personal injury cases, including those involving a car accident, Texas law requires the case to be filed within two years. This countdown starts on the day of the accident itself.
Exceptions are rare: While there are certain situations where the deadline may be extended, such as cases involving minors or incapacitated individuals, these exceptions aren’t guaranteed. Assuming you’ll qualify for extra time can put your case at risk.
Evidence becomes harder to gather over time: Even if the law allowed for more time, waiting makes it harder to build a strong case. Witness memories fade, documents get lost, and physical evidence can be destroyed or repaired.
Filing within the correct timeframe is crucial. Acting early not only keeps you within the statute of limitations but also strengthens your case.
3. Insurance Will Always Cover Everything After a Car Accident
Many drivers believe that their insurance will automatically take care of all expenses after a crash. While coverage is important, it’s not always comprehensive, and it often doesn’t account for long-term needs.
When dealing with insurance companies, it’s essential to understand the reality of what they provide and what they don’t. Here are some common misconceptions about coverage:
Insurance companies are businesses first: While adjusters may sound supportive, their priority is limiting payouts. This often means victims receive offers that don’t reflect the full value of their damages.
Not all losses are covered: Insurance may pay for vehicle repairs or basic medical costs, but it doesn’t always consider future medical needs, lost earning potential, or emotional distress.
Policy limits matter: Even if your damages are significant, insurance policies have coverage caps. If your losses exceed those limits, you may need to file a lawsuit to recover the rest.
Relying solely on insurance can leave you with unpaid bills and financial strain. Filing a car accident lawsuit may be the only way to pursue the compensation you truly need for recovery.
4. Filing a Lawsuit Means You’ll End Up in Court
The idea of standing in front of a judge or jury intimidates many people. Because of this fear, some avoid filing a car accident lawsuit altogether. What many don’t realize is that most cases are resolved long before trial.
When we say “lawsuit,” people often picture a courtroom battle, but the reality is much different. Here’s why:
Most cases settle out of court: A large percentage of car accident lawsuits end in settlement negotiations rather than trials. This approach saves time, money, and stress for both sides.
Mediation and negotiation are common: Before a case ever reaches trial, lawyers often work through mediation or direct negotiation to reach a fair agreement.
Trials are the last resort: Only when both sides can’t agree does the case proceed to trial. Even then, the process is structured, and your lawyer handles the bulk of the work.
Instead of fearing the courtroom, it helps to know that settlement is far more likely. Filing a lawsuit doesn’t automatically mean facing a trial.
5. Minor Accidents Don’t Require Legal Action
The last myth we often hear is that smaller accidents aren’t worth pursuing legally. Victims may assume that if the accident seemed minor, there’s no point in filing a car accident lawsuit. This belief can cause serious long-term consequences.
Even minor collisions can lead to hidden injuries and unexpected costs. It’s important to understand what might be overlooked:
Medical issues can appear later: Whiplash, concussions, and other injuries may not show symptoms immediately. Waiting too long to act could harm both your health and your case.
Vehicle damage adds up: What seems like a small dent at first can lead to ongoing mechanical problems and higher repair bills.
Lost wages are still losses: Even if the accident wasn’t severe, missing work for recovery or medical appointments adds up financially.
No matter the size of the accident, it’s always worth reviewing your legal options. Filing a lawsuit may be the only way to fully recover losses.
How These Myths Affect Victims
These myths do more than spread misinformation—they actively prevent people from seeking justice. Victims often accept less than they deserve, delay filing, or avoid taking action altogether because of these misconceptions.
By clearing up these misunderstandings, we hope more people feel confident about exploring their legal rights. When you’ve been involved in a car accident, every decision you make affects your recovery. Having the correct information empowers you to move forward with clarity and strength.
Contact Us Today
At Ardoin Law Firm in Houston, Texas, we’ve seen how these myths can hold people back from pursuing justice after a car accident. Filing a lawsuit doesn’t have to be overwhelming, expensive, or intimidating. With the right guidance, victims can protect their rights and pursue fair compensation.
If you’ve been injured in a car accident and want to learn more about your options, we encourage you to reach out. Ardoin Law Firm is located in Houston, Texas, and serves clients across Harris County, Dallas County, Tarrant County, Bexar County, and Travis County. Call us today.