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Car Accident Lawyer
The days after an accident, as well as what you do at the scene of the accident, can have a significant impact on your chances of receiving compensation for your losses. Figuring out the best course of action might be overwhelming for someone on their best day—let alone someone who is in pain and concerned about how they will pay for medical bills.
The good news is that if the carelessness of another party caused your vehicle accident, you will not have to pay for these expenses. A car accident lawyer can explain your legal rights and alternatives for obtaining compensation for your losses.
We at Texas Lawyers Group do not hesitate to take on difficult claims. We’re here to assist you with your claim. We take cases on a contingency fee basis, there are no costs unless we win, and the consultation is completely free.
What Should You Do Immediately After a Car Accident?
1. Stay At The Accident Scene
You may be charged with a hit-and-run offense if you leave the scene of an accident. If a person was hurt or died as a result of the collision, and you depart, you risk being charged with felony offenses and severe penalties.
2. Check Other Accident Victims
Instead, if your physical capabilities allow, check on the other people involved in the accident. If someone requires medical assistance, call 911. Do not move an individual who reports back or neck discomfort unless there is a significant risk that they will become injured as a result of this movement.
3. Get Police Report
Call the cops so they can dispatch someone to create and file a police report. When you submit an insurance claim, it will be important that you have this document.
4. Exchange Information With Others
You should exchange basic information (your name, driver’s license number, insurance information, and license plate number) with other people. Act politely and civilly, but do not apologize or claim to have any knowledge of a violation on your behalf because doing so will establish your legal responsibility.
5. Talk To Witnesses
If at all possible, talk to witnesses about what they observed and obtain their names and contact information so that your lawyer may contact them later regarding the event and use their statements to build your case for compensation.
6. Call Your Insurance Company
Call your insurance provider and provide them with a concise description of the incident. If you don’t cooperate, they may refuse your claim later on.
7. Contact A Lawyer
You may also contact a lawyer, especially if you were hurt in the automobile accident. Some personal injury law firms provide free consultations at the outset.
What is the Procedure for Determining Who is at Fault in a Car Accident?
The determination of fault for a vehicle accident is not always straightforward; however, when certain criteria are met, the question of who shoulders the blame becomes more apparent.
If A Traffic Law Is Broken By One Of The Parties
Traffic rules differ from one jurisdiction to the next. A lawyer can examine the circumstances that led up to your vehicle accident and tell you if someone broke the road rules. Many laws are set uniformly across jurisdictions, so you’ll see right away whether someone is breaking them. For example, speeding, running a stop sign or red light, driving beyond the posted speed limit, and operating a motor vehicle while intoxicated are all examples of moving violations.
Although not always the case, the rear driver is at fault for most rear-end accidents. The principle that drivers should maintain a distance of several car lengths between them and the vehicle in front of them is widely supported by legislation. The length of time the rear driver has to react to the lead driver’s abrupt brake or stop is determined by the distance between them. However, if the lead driver neglected to keep their headlights illuminated, providing no warning of a stop or brakes to the rear driver, insurers may hold the leader—at least in part—culpable.
The harm caused to vehicles in a car accident often provides the narrative of how the collision occurred and who is to blame.
Police Accident Report
The law enforcement official who is investigating the accident will officially document any traffic infractions that occurred before it, as well as their assessment of what caused the collision. In assessing fault, the insurance records are particularly important. If the police do not arrive, contact the nearest police station to request someone come out. Check for any mistakes in the report.
What Should I Do If I am Responsible for a Car Accident?
If you’re the one at fault in a vehicle accident, the other parties involved may file a third-party claim against your auto insurance liability policy. Even if your state has no-fault laws, the other parties might seek compensation from your insurer for expenses that exceed their own PIP coverage.
Some states use comparative negligence laws, which can have an impact on how much money you get in a vehicle accident. Your compensation will be reduced proportionally according to the percentage of your fault for the accident under a “pure comparative negligence” theory. If you are found to be 50 percent or more at fault for the accident in states that use “modified comparative negligence” laws, you will be entitled to compensation.
Other states, on the other hand, utilize contributory negligence laws, which state that if the jury determines that your responsibility for the accident is 10% or higher, you will be excluded from receiving any compensable damages.
How Is Fault Determined in a Collision Between More Than One Vehicle?
When multiple vehicles are involved in an accident, determining who is to blame can be particularly difficult. The chain reaction began with one automobile rear-ending another. The fault of the rear driver may very well be resolved quickly. But what if the vehicle that was rear-ended by the previous driver collides with the following motorist?
In general, the driver who set off the chain of events is still held accountable. If the second driver drove their car too near to the third, allowing it to collide, they may be held accountable for a part of the multi-vehicle pile-up.
When you have more cars entering the chain-reaction accident, determining who is at fault—and how much it was his or her fault—becomes increasingly difficult. To discover the collision of origin, one must gently tug on several strings in most cases. Multiple resources may assist you in isolating each event, sequencing the sequence of the multiple accidents, and determining who was at blame.
Of course, the account of both you and other passengers and drivers who witnessed the accident is considered when determining who was at fault. Vehicle damage, skid marks, vehicle debris, and other evidence from the collision scene may all provide an impartial perspective on what occurred. Finally, the police report will provide crucial information on traffic laws and other insights from the investigating law enforcement
Is It Possible To Sue Someone For A Minor Automobile Accident?
Even a minor vehicle accident can result in personal injury claims. Accidents, on the other hand, are generally followed by lawsuits only when at least one party has been hurt physically and the insurance carrier either rejects a third-party claim or refuses to negotiate a fair compensation.
After a minor automobile accident, you can file a third-party claim against the at-fault party’s insurance coverage. If you just have minor injuries that heal in a day or two, or if the collision only caused property damage, you might try to settle the issue directly with the other driver and insurance companies without an attorney’s assistance.
Take time to investigate your claims. It’s easy to be relieved after an accident, but it’s better not to jump the gun and accept any settlement offer until you fully understand everything about your lawyer’s work. Make sure you understand all the details of the case before making a decision about whether or Not. Keep in mind that although you did not bleed.
Car accidents frequently result in various sorts of injuries. Rear-end accidents, for example, are a typical source of whiplash. According to Mayo Clinic, this type of soft tissue damage may cause discomfort that worsens over time. If left untreated, this injury might lead to long-term consequences.
If you’re unsure whether to proceed with legal action against a negligent driver in a vehicle accident, err on the side of caution by going for medical attention as soon after your accident as possible before making that decision. Your lawyer can also give you further information about your choices.
If you’re not sure if you can sue someone following a minor vehicle accident, call Texas Personal Injury Lawyers at (888) 997-2148. We’ll evaluate your case for free and advise you on your alternatives:
Is It Possible To Sue After A Vehicle Accident If I Was Not Hurt?
You might be able to sue someone who causes a vehicle accident that damages your car or other property, even if you weren’t hurt. However, this is not a personal injury claim. Rather, you would make a claim against the at-fault party for the cost of repairing or replacing your automobile and other belongings and property damage that the insurance company.
You must show that the defendant’s conduct was a “substantial factor” in causing your harm. With a personal injury claim, you must demonstrate that the defendant’s acts were a “major contributing cause” of your injuries. You must also prove the following:
- The other driver was required to follow traffic regulations.
- The other driver did not fulfill his or her responsibility.
- The collision was caused by this breach of duty.
- You incurred financial losses as a result of the incident.
A vehicle accident lawyer can assist you in seeking compensation for your losses by filing a third-party claim against the at-fault party’s auto insurance policy.
Your attorney will:
Collect receipts, repair estimates, and rental car expenses to document your losses. Notify the other driver’s insurance company about the incident so they can pay you for your injuries.
Assist The Insurance Adjuster In Making A Written Estimate
If this happens, the insurance company may respond with an offer to cover the expense of repairing or replacing your automobile. However, they might underestimate your claim and offer you less than you deserve.
In the event that you’ve been injured in an accident, your attorney will start negotiating with the adjuster to try to reach a reasonable settlement. If they do not result in a settlement, your lawyer can advise you on your legal options for pursuing compensation from the negligent motorist and can represent you if you choose to pursue it.
What Is Considered A Minor Car Accident?
In the context of a vehicle accident, “low-impact” usually implies one that occurs at low speeds, resulting in little to no property damage. The requirements for low impact have evolved over time as an industry term. Until recently, the industry’s definition of a “minor” property damage referred to one that required $50 or less in repairs. A low-impact accident these days might necessitate expenditures of around $5,000
Many insurance firms consider low-impact crashes to involve little to no personal injury. Based on their logic, a collision that causes limited (low-impact) property damage cannot harm a person.
One might challenge the logic by noting that automobile producers design and construct automobiles to withstand the impact of another vehicle traveling at low speeds, which they do because it is possible. Humans are not subjected to this same test.
According to a research published in the Journal of Manipulative and Physiological Therapeutics, research in this area suggests no link between bodily hurt, automobile speed, and vehicle damage caused by a collision.
When Can Symptoms Arise After A Vehicle Accident?
Symptoms may appear suddenly in many medical circumstances. The American College of Emergency Physicians recommends the following symptoms as warning signals that prompt an emergency visit:
- Uncontrolled bleeding
- Vomiting or coughing blood
- Chest pain that endures for at least two minutes
- Shortness of breath or trouble breathing
- Severe or sudden pain
- Sudden weakness or dizziness
- Sudden change in vision
- Change in mental status
- Persistent or severe diarrhea or vomiting
If any of the above symptoms appear, it is critical to take action right away, whether this means calling 911, performing CPR, or applying direct pressure to a wound.
It is essential to examine all symptoms, no matter how minor they seem. Nausea or stomach discomfort, for example, may be the consequence of a seatbelt constricting around your stomach during the accident. At the very least, this might cause bruising; in more severe circumstances, it might indicate internal bleeding.
You may believe the ringing in your ears (known as tinnitus) is caused by the loud noise of the accident if you experience it. While this is a possibility, tinnitus can also be caused by a concussion.
Minor symptoms may indicate a variety of conditions, while others might have only minor indications at the outset but eventually get worse. Other indicators do not appear right after the accident, but they can show up days or weeks later.
Is It Possible To Postpone Vehicle Accident Injuries?
The length of time it takes for a vehicle accident injury to appear is determined by various factors. One cannot overstate the influence of the overall chaos that follows a car accident. The sheer shock of the incident is followed by a single-minded focus on resolving it. You may be concerned about assessing the damage or checking other motorists and passengers to see if they require your assistance.
The effects of adrenaline on your ability to feel symptoms —particularly pain—depends on how sensitive you are.
How Long Does Car Accident Pain Last?
The intensity of your pain will certainly increase over the next hours, even days, after a vehicle accident. Swelling resulting from the collision’s trauma may be one source of discomfort, as well as other injuries such as pulled muscles and soft-tissue damage.As the afflicted region swells, you will feel pain or stiffness, which may take hours or days to manifest in its full extent.
The same can be said for bruising, which is caused by capillary damage. Bruising causes a distressing tenderness and may go unnoticed for days because it takes the blood from damaged capillaries several hours to get to your skin’s surface. Damage to an internal organ, especially the kidneys or liver, may also induce bruising. If you are experiencing discomfort or see bruising in your abdomen, seek medical attention immediately.
Many people experience headaches in one way or another following an automobile accident. After a collision, you might have a headache immediately, or it may not strike you for days afterwards. This pain is caused by your anxiety over the accident, but it could also be a symptom of a concussion, whiplash, or traumatic brain injury.
Pain can also be caused by injury to muscles, tendons, or joints. Even a minor accident can harm your spinal cord, according to Medline Plus. A doctor can isolate the source of your agony and deal with issues that require immediate attention before they become worse.
Do You Have To Go to Court If Someone Hits Your Car?
In some cases, a collision does not result in a trial. Before you have to think about bringing a lawsuit, they generally reach settlements as personal injury claims. If your insurance company denies your claim or refuses to accept a reasonable settlement, your lawyer can file a personal injury lawsuit in order for a court to determine your compensation.
This is why your lawyer will prepare your claim as though it were a case that would go to trial. They’ll gather evidence and apply their legal expertise to prove to the insurer that you have a viable lawsuit.
Insurance companies may be unwilling to take the risk of a court case. They will evaluate the evidence your lawyer has gathered and the overall appearance of facts. The more solid they believe your case to be, the more likely they are to negotiate a settlement.
There are firms that specialize in obtaining you a fair compensation for your damages. If the insurance firm offers you a low settlement, our firm will not hesitate to file a lawsuit and trial for the amount you deserve.
What Is the Average Time for a Settlement After A Car Accident?
A car accident claim might take anywhere from a few weeks to several years to resolve. Although you should anticipate at least two months from the time you submit your claim, the length of your compensation settlement is determined by a number of factors.
To begin with, your lawyer will need time to compile compelling evidence in support of your claim. If you live in a state that employs contributory or comparative negligence principles, your attorney must devote special attention to demonstrating that the other driver is solely responsible for the collision.
Keep in mind that the part of evidence your lawyer must gather to back your compensation is based on the severity of your injuries. Your attorney can’t sufficiently represent the losses you incurred if you haven’t yet fully recovered from your accident-related injuries. This is why your attorney must wait until you reach the maximum medical improvement (MMI) before calculating the worth of your case accurately.
Of course, the insurance company may contact you and suggest that a quick and easy payment is available. Just understand that the amount they are offering is far below the worth of your claim. If the insurer believes your claim is likely to result in a large payout, they’ll want the adjuster to slow down the settlement procedure in order for you to accept a reduced settlement offer.
A car accident lawyer will know how to deal with these stall tactics and hold bad-faith insurers accountable for their conduct. Call Texas Personal Injury Lawyers today at (888) 997-2148 for a free consultation.
In a Car Accident, What is the Value of Pain And Suffering?
Non-economic (or “general”) damages are the compensation for pain and suffering in a vehicle accident. The procedure for calculating this sort of damage is more complicated than adding up receipts because the loss is a non-material thing.
To begin, you must first comprehend what pain and suffering compensation is intended to achieve. This sort of reimbursement includes not just bodily discomfort, but also emotional repercussions such as mental anguish and worry. Naturally, you will suffer from the physical agony of a fractured limb, as well as worry and tension that come with losing mobility and being unable to perform all of your normal daily activities.
Potential compensation for your pain and suffering is determined on a case-by-case basis. Insurance carriers may utilize a variety of methods, such as the multiplier approach or per diem calculation, to determine your losses. The amount you get for your suffering and discomfort depends on your situation.
There are many variables to consider when determining the amount of a car accident settlement. Hopefully, your lawyer will be able to get you the greatest outcome possible: that is, both your economic losses and non-economic damages are compensated.
If you want to get a general idea of what to expect, consider the following factors:
- Medical expenses
- Property damage
- Lost earnings
- Future lost income
- Estimated future medical expenses
- General damages multiplier
The multiplier for general harm is a number between 1.5 and 5 that is used to compute your non-economic damages, such as suffering and pain. Because it’s more difficult to quantify special losses (economic losses, such as medical expenses and lost wages) than it is to quantify general losses (emotional distress), the multiplier method may be useful
The multiplier is a sophisticated way to assess how much your injuries are worth. The higher the multiplier, the more severe, painful, and long-lasting your auto accident was. To get an idea of how much money you might receive for your settlement, divide this number by the total amount of your special damages.
A multiplier, as the name implies, multiplies the amount of compensation you receive. As you can imagine, the multiplier has a significant impact on your settlement. Your lawyer will fight against the insurance adjuster’s recommendation for a low multiplier by demonstrating all of your injuries and non-economic damages to achieve the greatest high multiplier feasible in your specific case.
Do You Always Receive A Settlement Following A Vehicle Accident?
You may not always get compensated for a vehicle accident, and this happens for a variety of reasons.
First, you should be aware that insurance companies typically prefer to negotiate a settlement. If they are unable to reach an agreement with you, the insurance adjuster will understand that your attorney will most likely file a personal injury claim and go to trial if the insurers do not accept the terms of the settlement. If you win your case, the insurance company will almost certainly pay whatever the court decides. As a result, insurance companies would rather negotiate with you than face the prospect of a trial’s outcome.
However, when you submit a claim for compensation to your car insurance carrier, the adjuster must act in the company’s best interest. Their first choice would be to refuse your claim outright, perhaps by arguing that the accident was caused by the policyholder. They may propose a settlement that does not fairly compensate you for your losses if they do not dispute a claim.
Some individuals, on the other hand, act out of fear of losing their money and accept the first insurance company’s offer. In this manner, they eliminate any possibility of going back to the insurance for more money when they discover that the amount provided was insufficient.
When Should You Hire An Attorney Following A Car Collision?
Your top priority following a vehicle accident is to safeguard your health and safety. If the apparent severity of your injuries indicates that you should be taken to a hospital to be treated, call an ambulance or visit a doctor right away so they can thoroughly examine you for injuries. Furthermore, you should contact the police department to get a law enforcement officer to examine the accident and create and file a report that you may utilize in your pursuit of compensation.
If you or someone else involved in the collision was hurt or damaged to a car, strongly consider consulting a automobile accident lawyer as a top priority following the accident.
The sooner you engage a lawyer, the more access he or she has to key evidence, such as photographs of the accident scene, people with a precise recall of the events leading up to the collision, and so on. You also give your lawyer additional time to develop your claim or case, which is crucial because the statutes of limitations that will apply later.
When you’re in an automobile accident, things move quickly. Early on, having a lawyer on your side will assist you make wise decisions, take the pressure off of you to reply to insurance companies, and handle the issue from beginning to end so that you can concentrate on healing from your injuries.
Remember, Things happen quickly after a car accident. Having a lawyer by your side early on will help you make sound choices, relieve you of the stress of how to respond to insurers, and manage the matter for you from top to bottom, so you can focus on recovering from your injuries. Also, it’s important to understand that car accidents are completely different from a truck accident and will certainly require a specific approach tailor for your case.
Finally, remember that Texas Personal Injury Lawyers does not charge for an initial consultation. Call us now so we may discuss your case and provide you with your options for continuing forward: (888) 997-2148.
Is it Worth Spending The Money On A Car Accident Attorney?
There are many factors to consider when establishing value. There’s a lot of that same logic in hiring a lawyer, it seems. When it comes to employing an attorney for a basic, straightforward situation, one person may find the cost prohibitive. However, another person with the identical problem may believe they do not have the time to deal with the complexities of a claim and seek the assistance of a lawyer so that they can continue working and other responsibilities. However, in most personal injury cases, we work on a contingency fee basis, with no out-of-pocket expenses for the injured party.
However, even if a victim understands the case—and has the time to pursue it—they may simply choose not to immerse themselves in all of the legwork of gathering evidence or dealing with an insurance company’s demanding interactions and negotiations.
The most significant advantage of hiring a vehicle accident lawyer is the services they provide. They may gather essential evidence and do an inquiry into the collision on your behalf. They can also handle the process of communicating with the insurance companies. A lawyer may manage your case while you focus on your recuperation and health.
Another aspect to consider in any discussion about the “worth” of anything is what you put into it. In the case of employing a vehicle accident lawyer, the cost is irrelevant because you only pay if you win a settlement or court award with certain firms. In other words, there’s nothing to lose and everything to gain.
Should I Get a Lawyer for A Small Accident?
Minor mishaps can mean various things to different people. In a vehicle accident, a minor collision might be defined as one in which you were not hurt. The insurance businesses would become involved, evaluate your vehicle’s repair costs, and pay you back as appropriate.
You do, however, have to be careful. You may not be aware of injuries from your automobile accident for days after it happened, as we’ve previously discussed. You have no means of knowing whether you will later experience symptoms of physical injury if the at-fault individual’s insurance calls you immediately after the accident and offers you a fast settlement based on your vehicle damage. You are stuck with all medical costs and other associated losses from this accident once you accept the insurance company’s offer.
You can avoid making these terrible judgments by hiring a lawyer for even a minor accident. At the very least, give calling a law firm a try for a consultation. Most personal injury law firms offer free case evaluations, and they may provide you with further details about your compensation options.
What Is The Average Settlement For A Vehicle Accident?
According to the National Highway Traffic Safety Administration (NHTSA), motor vehicle collisions cost $242 billion in societal costs, including lost workplace productivity, life loss, and decreased quality of life due to injury.
Because your accident, ailments, job, money, and life in general differ from other accident victims—and all of these elements influence a settlement—no typical estimate can be given.
The settlement value for your case will be determined by two things: your injuries and any restrictions on compensation imposed by the insurance company. The two elements are linked, so your attorney will have to collaborate on both in order to achieve the payment you deserve.
Never forget that your insurance company may employ every strategy at its disposal to reduce your losses or establish a claimant was not at fault for the accident.
You’ll need your lawyer to gather and present compelling evidence of the severity of your injuries, such as medical bills for treatment, hospitalization, emergency transportation, and prognosis for future care. They will also need to present evidence of your missed earnings, as well as documentation establishing non-economic damages.
What Kind Of Damages Can I Get In A Car Accident?
The costs of a vehicle accident are a reflection of the effects your accident-related injuries have had on you. As a result, there are many sorts of damages, and you can seek compensation for any sort of damage that can be verified as resulting from the collision.
Car accidents can result in a variety of injuries, some minor and others serious. As we’ve said before, not all injuries appear right after a accident. This makes it critical that you get checked out by a doctor as soon as possible following your collision. You must be able to show that the injuries were caused by the accident in order to get compensation for medical expenses. Medical records will assist you in establishing this fact.
Medical costs that you may collect include:
- Ambulance transportation
- Mobility devices
- Prescription medicines
- Medical treatment and surgeries
- Physical/cognitive therapy
This is just a sample of the sorts of medical expenses you may receive compensation for.
You could be incapacitated in a vehicle accident for days, weeks, or even months. You might also suffer long-term injuries that make it impossible for you to perform your work activities as normal. If your disability prevents you from working, you may be able to recoup economic losses.
As we previously said, pain and suffering can manifest in a variety of ways, any of which might be compensated following a vehicle accident.
If a spouse of an incapacitated person is not able to show affection, he or she may be eligible for compensation under this category.
A lawyer at Texas Personal Injury Lawyers will assess your losses and give a full statement of your losses to the insurance company. For a free case evaluation, contact us now at (888) 997-2148.
Will My Car Accident Lawyer Handle The Insurance Companies For Me?
Your car accident lawyer will take the burden of dealing with the insurance provider off your shoulders, allowing you to focus on what matters most: Your Recovery!
Nobody likes the prospect of dealing with insurance organizations, whether from fear or disgust. Even when you are in excellent health, an insurance adjuster’s knowledge of their profession surpasses yours. It’s understandable that you’d be hesitant to interact with them while you’re recovering from your physical injuries and emotional strife.
Even for the more daring individual, dealing with an insurance company may quickly sour. Insurers know exactly how to speak with you, what questions to ask, and how to pique your interest so that you will say something they can use against you later on. Keep in mind that the adjuster isn’t working alone. They have access to a group of lawyers just outside their workplace who will assist them in everything they do.
It’s essential to get legal advice at the start of any interaction with an insurance company, whether it is a meeting or a phone call. Rather than communicating with the insurance company after your accident, contact a vehicle accident lawyer and allow them to handle you from beginning to end. If the adjuster contacts you directly, simply point him or her to your lawyer.
Your lawyer will be able to establish effective communication with the insurance, which will seamlessly merge into the claim negotiation phase. At this stage, your attorney can handle all discussions with the insurance and strive to get you the compensation you deserve.
In A Car Accident Case, How Is Pain And Suffering Calculated?
Insurers use a variety of methods to calculate the value of pain and suffering in a vehicle accident claim. Some insurers employ software programs that examine a variety of variables linked with your accident to determine compensation. Others utilize the multiplier approach.
Other insurance companies, on the other hand, may use the per diem approach to compute your pain and suffering. Simply said, the insurance company multiplies your daily income by the total number of days you are in pain due to your accident-related injuries. If you make $300 a day and are in agony for three weeks, your per diem calculation would be $6,300 using the per diem method.
How Long Does It Take To File A Car Accident Claim?
The time it takes for a vehicle accident claim to resolve is determined completely by the circumstances of the case and the insurance companies involved. If an insurer believes responsibility lies with their driver, they must first examine the accident and make a preliminary settlement offer.
Denial is another contentious issue. They might tell you to drop your case entirely, making the procedure much longer. If this happens, you have the option of bringing a personal injury claim.
Is It Legal For You To Represent Yourself In A Vehicle Accident Case?
Nothing prevents you from participating in your own vehicle accident lawsuit from a legal standpoint. Just be sure you understand what lies ahead.
If you’re skilled in defending clients and know the law, you might want to fight for your rights aggressively and effectively—and only minor injuries resulted from the collision—and pursue a settlement on your own.
You’ll also have to worry about being unsure if you were just slightly harmed, since most of these injuries are minor. If you claim a few, minor contusions, an insurance company won’t fight much with you. They might give you a fast and painless settlement, and you will be glad that the situation was handled promptly.
Consider, too, what might happen if you find out that the bruising was a precursor to severe internal organ damage later. You’ll have to pay for the potential high medical bills in addition to missed time at work (income), as well as various other losses.
A lawyer is aware of all the potential pitfalls that may occur in a vehicle accident case and can prevent you from falling into them.
A car accident lawyer understands how to properly account for present and future losses, as well as intangible, non-economic losses, when preparing your demand letter to the insurer. A lawyer can also develop a case using evidence and resources, preventing the insurance company’s attempts to reject a claim by attacking their policyholder’s responsibility in the accident.
What Should I Ask My Car Accident Lawyer During an Interview?
Do not undervalue the need for selecting the proper automobile accident lawyer to handle your case. You will make some decisions based on what feels natural.
However, you should not select your lawyer based solely on his or her personality.
If you’re looking for a lawyer, be sure to ask the following questions:
Do I Have a Case?
A lawyer will hear your account of the accident and tell you whether the law is on your side in seeking compensation. You may also inquire about the various sorts of damages that you can claim as a result of an accident.
How Long Has Your Firm Practiced Personal Injury in This State?
A lawyer might have practiced for many years in another part of the country. Car accidents are governed by various state legislation. Consider a professional who has practiced personal injury law in your state for a long time. If they’ve been involved in a lot of automobile crashes, that’s even better for you.
How Are Your Fees Structured?
Most automobile accident lawyers operate on a contingency basis, which means you pay legal expenditures only if and when they win a settlement or award for you. Confirm that this is the case by speaking with the lawyer, then inquire about costs like court-filing expenses. Will you be charged ahead of time for these things, will you have to pay as they come up, or will the costs be settled at the conclusion of your case? If that’s the case, does the barrister charge an additional fee for including the expenses in their contingency rate?
What Information Do I Need to Give My Car Accident Lawyer?
In order to evaluate and build your case, your car accident lawyer will need a variety of data and paperwork.
You must provide your attorney with a copy of your vehicle insurance policy. If you do not have a copy of your policy, it can be obtained from your insurer by your lawyer. Your lawyer will also need to know that your insurance coverage is still valid, so you should give recent statements or other proof that you have paid your premiums.
Information From the Accident Scene
At the site of the accident, you may have exchanged names and contact information with other persons involved in the collision. Bring this information as well as any photographs or movies you took at the scene.
Copy of the Police Accident Report
When law enforcement arrives at the site of an accident, they fill out a report that includes crucial data such as where the vehicles were positioned. The officer will also chronicle their theories about who or what caused the collision. If you don’t have a copy of this information, your lawyer will be able to get one from the police department. If you were given a traffic ticket, give a copy to your attorney as well.
Statements to the Insurance Company
You are not required to submit a statement to the insurance, but if you did, you have the option of receiving a copy.
Your attorney will be able to evaluate the extent of your injuries after reviewing any medical records relating to any medical treatment you received. Also include any psychological care documents. If you don’t have these documents, provide your lawyer with the contact information for any medical professionals you’ve visited regarding accident-related injuries.
If you want to receive compensation for lost earnings, your lawyer will need proof of job income both pre- and post-accident
What Happens If The At-Fault Party Doesn't Have Car Insurance?
If you reside in a state where your driver’s policy covers automobile injury protection, or PIP (Personal Injury Protection), your auto insurance will pay for medical expenses and lost income if you are injured in an accident. If the at-fault party does not have car insurance, you have two options to recoup some of your losses:
First, you can file a claim against your own Uninsured/Underinsured Motorist Coverage (UIM) if you have this coverage. Some states require UIM coverage, and other states require insurance companies to offer it. If you owe more than $50,000 in medical expenses and your insurance company restricts the amount of time you have to make an uninsured motorist claim, it’s important to act swiftly after learning that the at-fault driver does not have coverage.
You can also sue the at-fault party to obtain compensation directly from them. Keep in mind that those who do not have automobile insurance are frequently not wealthy or well-off. When you sue a third party for failing to wear a seat belt or other negligence in an auto accident, the burden of proof is on you. As a result, even if you are successful in court and receive compensation for injuries that were caused by someone else’s negligence, collecting this money from the negligent driver may be difficult.
If you do not know what to do after your car accident, call Texas Personal Injury Lawyers. We will walk you through your legal options for pursuing the compensation you deserve: (888) 997-2148.
Who May Be Sued in a Car Accident Suit?
You may sue anybody who was negligent in causing the collision that caused you to suffer an injury in a vehicle accident.
A Negligent Driver
Multiple factors can contribute to a car accident. Consider these examples of negligent conduct:
- Driving while distracted
- Driving while intoxicated or under the influence
- Driving while fatigued
- Driving aggressively
- Failing to yield right of way
- Driver’s Employer
If a vehicle’s driver’s carelessness caused an accident while they were working (such as a delivery truck driver), they may be held accountable under the doctrine of vicarious liability.
Vehicle or Part Manufacturer
A car part that is either faulty or defective might cause another motorist to lose control of their vehicle, resulting in a deadly accident. In this situation, you can sue the automobile and/or component maker.
Entity Responsible for Roads or for a Road Hazard
A municipality might be held responsible for any damages resulting from poor road maintenance. A contractor could possibly be sued if construction debris causes an accident.
If a property owner fails to maintain their property or ignores a danger (such as an obstructing tree that prevents a driver from seeing a stop sign) that causes an accident, you may be able to sue them for compensation.
What Should I Do Days After I’m Injured In A Car Accident?
The days that follow an accident are significant for documenting injuries and other expenses as they occur.
Most significantly, see a physician for your health and the sake of your case. A doctor will be able to look for injuries that are common after a vehicle accident. They can heal your wounds to improve your physical comfort and avoid additional issues. The moment is critical. The longer you wait to see a doctor, the harder it will be to prove that your injuries resulted from the car accident.
Consider organizing information that may assist your case while you’re resting at home. Keep any medical records and bills in a folder labeled for your claim. If you know the name of an insurance adjuster who will handle your claim, include it in your file along with the claim number. You may also file away any contact information you collect from witnesses or other parties to the accident.
It’s also a good moment to contact an attorney. Once you’ve found a lawyer, you won’t have to worry about the insurance company calling you. You don’t have to worry about taking calls from the insurance company after getting a lawyer on board.
You must notify your own insurance provider if you have been in a vehicle accident.
What Should I Do If I’m Involved In A Car Accident?
You can help your future claim or case go more smoothly if you handle crucial things at the scene of a vehicle accident.
Stay at the Scene of the Accident
Leaving the site of an accident may be considered a hit-and-run. If another motorist or passenger was hurt or died as a result of your negligence, you risk significant legal ramifications.
Handle Your Vehicle
If you’re not sure what to do, follow these steps: Place the car as close to the accident as possible. Move it off the road, but make it a point of getting as near to the scene as feasible. Turn on your hazard lights.
Exchange names, contact information, driver’s license numbers, vehicle make and model, and insurance information with other drivers and passengers if possible.
Call the Police
In most circumstances, you must notify the police if you have been in a motor vehicle accident. Call emergency services. When the cops get there, inform them about what occurred. Only offer information that is beyond doubt to you at this time. If the officer asks a question and you are unsure of the response, acknowledge it.
Take pictures of the accident scene, your car’s damage, and any injuries as soon on your phone as possible.
Talk to Witnesses
Remember that no one witnessed the crash. If possible, try to obtain firsthand knowledge of what occurred from witnesses. Make a note of their phone numbers.
Be Calm, Polite, and Reserved
For many individuals, being excessively compassionate after a vehicle accident is second nature. While politeness can aid in maintaining peace, avoid apologizing or implying responsibility for the collision.
Who Is to Blame for a Rear-End Collision?
In most rear-end accidents, the rear driver is negligent to some degree. In many cases, the rear driver is at least partly responsible for the accident. When a motorist must suddenly brake or stop—perhaps due to traffic or to avoid debris on the road—the driver following must have enough distance to stop without colliding into the lead vehicle.
In certain circumstances, however, the lead automobile in a rear-end collision may be considered negligent. A driver might forget to turn on their brake lights, so when they apply the brakes, the following driver does not detect it until it is too late to avoid a collision.In other situations, a driver may abruptly reverse or make a last-second turn.
If the lead driver is incapacitated, such as by a broken down car or other issue and they do not pull over to the side of the road or turn on their hazard lights, this is also considered negligence that contributes to a rear-end accident.
If you were a partial cause in your rear-end accident and your state’s comparative negligence and contributory negligence laws apply, you might be unable to receive compensation.
How Much Do Car Accident Lawyers Take in Fees?
The American Bar Association reports that contingent fee lawyers earn between 33% and 40% of your settlement if you win your case. The association also says that this charge is a set percentage that the attorney has committed to take.
The percentage you pay depends on the amount of money your lawyer advises you to pay. This is a suggested number, and developments in your case and its conclusion may alter it. You can ask your lawyer how much you will have to pay as well as any questions you might have about this.
Under this plan, the attorney is paid only if there is a recovery. There are no upfront fees under the contingency fee model because the attorney may begin working on your case right away. Clients also get their time back so that they can focus on healing from their traffic accidents rather than worrying about how to pay the attorney’s fees ahead of time.
Even if you work with a contingency fee lawyer, you may still be responsible for certain costs, so confirming this in advance can help you budget for them. These might include court costs and other fees associated with any professionals who would participate in establishing your case, such as investigators, expert witnesses, and others.
What Does a Lawyer Do When Someone Is Injured in a Car Accident?
Car accident lawyers concentrate on personal injury claims. Depending on your accident, you may discover an attorney who can provide legal assistance in your specific circumstance.
Attorneys who specialize in these areas can take on cases involving a certain sort of vehicle, such as a commercial truck, a garbage truck, or a police car.
They may also handle cases involving specific driving activities, such as aggressive driving or drunk driving (DUI), or incidents involving drivers from a certain demographic, such as a teenage driver or an elderly driver.
They may also defend clients in cases of vehicle damage caused by a specific incident, such as a rear-end collision or side-impact (T-bone) accident.
Hiring an attorney is not required in order to pursue legal action in a vehicle accident case, but many individuals do so because they feel it is easier to handle their situation while an attorney’s direction. Having an attorney working on their behalf allows them to devote more time to recovering from their injuries.
Lawyers who specialize in car accidents assist their clients in establishing responsibility and building a case that supports their claims and compensation request. If the client is compensated, it might help them pay medical expenses and other accident-related expenses.
What Should I Do to Protect My Rights After a Car Accident?
After a car accident, you may take various measures to safeguard your rights, such as getting prompt medical care, reporting the accident to the police so that it may be recorded, and hiring an attorney if you decide to seek legal counsel.
It’s difficult to know what to do after being in a car accident. The first thing you should do is seek medical attention to see if you’ve been hurt. You may speak with law enforcement about the incident, as well as exchange insurance information with others involved in the collision.
You may also photograph the accident scene and collect contact information for witnesses. You might also want to jot down any details as you recall them. This may be useful when consulting an attorney.
If you decide to take legal action to hold the individual who caused the accident accountable, you may hire a lawyer who can advise you on what your legal rights are during the litigation process.
How Much Does It Cost to Hire a Car Accident Lawyer?
The cost of hiring a car accident lawyer will be determined by the attorney you select and the payment method they use. Many personal injury law firms that work with automobile accidents utilize a contingency fee structure to charge clients for services rendered. These firms begin work on the customer’s case without demanding an upfront retainer fee or billing the client by the hour. Instead, they get a piece of the financial award their client achieves if their lawsuit is successful.
Clients should be aware of the percentage they may anticipate to pay if they win their case. Inquire about any concerns you have, such as how any changes in your case or the outcome of your case will influence the final proportion. Some cases may settle outside of court, which might alter the fee your attorney charges you.
What Is the Value of a Rear-End Accident?
There are several elements to consider when determining the value of your rear-end accident, so there is no exact amount you will receive in these situations. The value of the money award you obtain if you win your lawsuit may be influenced by variables such as the damages you seek and the state where your vehicle accident occurred.
After a vehicle accident, it’s common for everything to happen in a short period of time, but you can consider your injuries, losses, and financial compensation when you have some time.
You may also hire a lawyer to go through accident-related papers, such as a police report, medical care bills from the past and present, and automobile repair invoices, to assist you in calculating and determining how much your rear-end vehicle accident is worth.You may utilize the number you compute in your complaint to the court or a demand letter to the liable party or their legal representative.
You may also want to consult with a legal professional if you have any other losses that you may be eligible for as part of your case. This knowledge can assist you in determining whether or how much money you will receive should a settlement offer from an opposing party’s insurance company fall short of what is required to cover your costs. If you have a medical condition that has already been diagnosed and treated, then your insurance company will most likely pay the damages. If you do not have a good claim lawyer on your side, you could be out of luck in this case; the attorney may need to negotiate with the insurer to obtain a settlement that better matches your requirements.
What Is the Time Limit for Filing a Lawsuit After a Car Accident?
If you’ve been in a vehicle accident, you must file a lawsuit before the statute of limitations for personal injury expires in your state. These rules differ from state to state, so verify your state’s legislation to find out how long you have to pursue legal action after an accident.
Check your state’s statute of limitations if you’re not from the accident’s location. Many jurisdictions allow two years or more for personal injury claims, but certain states, like Kentucky, Louisiana, and Tennessee, allow only one.
A year or more is a long time to go through with legal action if you are harmed in a car accident, but you should begin as soon as possible. If you hire an attorney, he or she will need time to build your case and establish liability for the crash in order to figure out what compensation you deserve. They’ll need time to double-check that your paperwork was submitted on time.
Before the personal injury statute of limitations expires, all interested parties must file a complaint with a court in their region. If you miss this deadline, you’ll lose your chance to get compensation in your case, and the responsible party will not be liable for any injuries incurred.
How Do I Find The Best Car Accident Lawyer?
By spending some time to figure out what you want from your lawyer and what you hope to achieve by collaborating with them on your claim, you can locate a competent car accident lawyer. Getting recommendations for attorneys who specialize in vehicle accidents is one approach to obtain assistance.
You could conduct an internet search for law firms that have previously represented people with similar circumstances. You may also seek for attorneys with similar legal backgrounds, qualifications, and outcomes to yours. Once you’ve found a few alternatives that appear to be a good match, set up meetings to meet with them and their legal representatives to verify which one you like most.
A free consultation is a common practice among lawyers. During this time, you may talk to them and discover how they can assist your case. You may also get legal advice and ask questions that will aid in your decision whether or not you should hire a car accident lawyer.
After Your Car Accident, Seek Help From A Car Accident Lawyer
You’re going through a tough time. It may appear now that your vehicle accident has taken over your life, but you have the power to take back control of your life.
If someone else’s carelessness caused a vehicle accident that resulted in your injuries, you are entitled to compensation for medical expenditures, lost wages, pain and suffering, and other losses. The car accident lawyers at TOP TEXAS ATTORNEYS stand ready to assist you in this effort.
We don’t run from a fight, and we will do everything in our power to recoup your losses. We’d want you to be able to get some rest and heal. You may leave the hard work for us. All you have to do is contact us for a free case evaluation, and we’ll take it from there.
Remember that we operate on a contingency basis, which means you pay us only if and when we win compensation through an insurance claim or court award.