If you have suffered an injury in an automobile accident, you need to know your rights and your options for getting compensation for lost income, medical bills and other damage from the accident.
Several thoughts come to your mind- do you need to call the police? What about the insurance company?
Whether you are the driver of a vehicle, passenger or pedestrian, you need to know your rights.
If you have been involved in a car accident in Texas, you may be able to file a personal injury lawsuit against the driver or responsible party for the accident.
What To Do Right After The Accident
At the scene of the accident, obtain the personal, vehicle, and insurance information of the other drivers, and get the names and contact information for any witnesses.
Take photographs of all the vehicles and damaged property. You should also take photographs of weather and road conditions and make note of any irregularities.
Documenting the scene and events will help you provide evidence to your attorney to help support your case.
Avoid discussing the accident or admitting fault, even if you feel responsible.
Requirements For Reporting Car Accidents In Texas
First, call the police and file a report.
Texas law requires drivers to file a Crash Report, Form CR-2 within ten days when the accident is not investigated by a police officer and it results in injury, death, or property damage greater than $1,000.
Dealing With The Aftermath
Next, you will need to get medical attention if there any chance that you have been injured.
Also, call your insurance company immediately after the accident so that they can inspect the damage and direct you to an approved auto repair shop.
Texas Car Insurance Claims May Provide Insufficient Relief
Texas is a “fault” car insurance state, which means you may file an insurance claim or lawsuit against the at-fault driver.
Any driver that causes damages or injuries in a car accident can be held liable.
However, you may have other physical or property damage that could qualify for monetary and noneconomic damages, which can be obtained through filing a lawsuit.
If you and the insurance company cannot agree on the claim, you may have to file a lawsuit to pursue damages.
Filing A Lawsuit
To get the best results when filing your lawsuit, use an experienced attorney in Texas.
You will want to work someone who is experienced with personal injury, settlement, and litigation.
The most common types of damages include medical bills, personal property damage, lost wages, noneconomic damages, and punitive damages.
If your claim needs to go to trial, your attorney will advise you on the best course of action.
What Is The Settlement Amount I Can Expect To Get In Texas?
Each accident involves a unique set of circumstances and evidence, but the following factors will be taken into consideration:
- The level of documentation and evidence available to support your claim
- Your contribution to the accident (Texas follows the modified comparative negligence doctrine which reduces damages according to your degree of fault)
- The severity of your injuries
- The types of insurance coverage held by all parties
- Costs of reasonable and necessary medical expenses
- Loss of past and future wages
- Your attorney’s ability to take all of the determining factors and present them in a persuasive manner to get a favorable settlement or litigate the case
Receive a Free Claim Review from a Texas Attorney
If your claim needs to go to trial, your attorney will advise you on the best course of action.
Car accident settlements in Texas can vary widely and often depend on your ability to argue your case against an insurance company’s lawyers.
Improve your chances to get the best legal outcome based on your circumstances by speaking to a Texas attorney that is board certified in both Civil Trial Law and Personal Injury Trial Law today.
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