Texas Small Claims Cases

Car Wrecks

 

A car wreck case can be filed in Texas small claims courts.  A car wreck case is basically a “negligence” case, meaning that one person alleges that another owed a duty to drive with ordinary care and to not harm them.  When a car wreck occurs and the at-fault person doesn’t offer enough money to cover your damages (property damages, medical bills, mental anguish, lost wages, etc.), you can sue them for negligence.  Even though most Texas drivers have car insurance, remember that you don’t sue the insurance company – you sue the person who caused the wreck.  The insurance company merely hires a lawyer to defend the sued party and pay the damages.

Lastly, don’t forget that you have to prove, with evidence, that you were damaged.  Remember that you cannot just walk into court and ask to be given the maximum amount of $20,000.00 – you have to present a specific monetary amount and must back it up with trustworthy testimony or documentary evidence (photos, estimates, medical bills, therapy bills, etc.).

 

 

TIPS

Though no outcome is guaranteed when you put your case in the hands of a judge or jury, following these tips will help you present your case in the best possible way:

  • Texas law allows for economic damages (like those mentioned above – medical bills, lost wages, repair bills, etc.), but it also allows for non-economic damages (like mental anguish and pain & suffering).  Unfortunately, mental anguish and pain & suffering aren’t easy to quantify.  Think ahead of time what your mental anguish is worth – $500?  $5,000?  Just be sure NOT to total up all of your damages together and make certain that the total does not exceed the court’s jurisdictional limit of $20,000.00.  Even if you inadvertently ask for more than $20,000.00 total, the judge will toss the case.