Filing A Car Accident Lawsuit in Texas
If you’ve sustained severe injuries due to a car accident, it’s important to understand your legal options. Under Texas law, you have the right to pursue a civil lawsuit against the responsible party to seek compensation for your damages. However, filing a lawsuit is not always necessary to obtain compensation. In most cases, insurance companies are responsible for covering losses caused by their policyholders’ negligent actions.
When it comes to car accidents, though, getting a fair settlement from insurance companies can be challenging. Insurers often aim to minimize payouts to maximize their profits, which can lead to insufficient settlement offers. That’s why having skilled legal representation is essential. Experienced attorneys can advocate on your behalf, negotiate effectively, and work toward a fair resolution of your claim.
Experienced Lawyers to Engage in Negotiations with Insurance Companies
Car accidents can lead to serious injuries, making it difficult to assess the value of your claim accurately. Medical bills, lost wages, and the long-term impact of your injuries are all factors that need careful evaluation. A knowledgeable attorney will ensure that your injuries are properly assessed and that you receive fair compensation.
In addition, car accident cases may involve multiple parties who share responsibility. According to Texas law, fault is assigned proportionally, meaning that each party is held accountable based on their degree of responsibility for the accident. An attorney will work to identify all responsible parties, which can increase the likelihood of obtaining compensation from multiple sources.
A Legal Expert Handling Car Accidents Will Gather Evidence to Prove Fault and Losses
Once you hire a car accident attorney, they will begin gathering essential information to build a strong case. This evidence includes documentation of both liability and damages. “Damages” refer to the legal compensation you are entitled to receive for your injuries. This can include economic damages such as medical expenses and lost income, as well as non-economic damages like pain and suffering.
Your attorney will gather relevant records, such as medical reports, employment information, and other evidence of your financial losses. They may also work with medical professionals to fully understand the long-term effects of your injuries, which helps in accurately valuing your claim. At the same time, your attorney will collect evidence to prove the other party’s liability. This can include police reports, witness statements, and, if necessary, accident reconstruction analyses.
With all this information, your attorney will develop a strategy for pursuing compensation, either through negotiations or by filing a lawsuit.
Most Lawsuits Settle, But Some May Go to Trial
Most car accident cases are settled before they ever reach trial. However, if a settlement cannot be reached, the case may proceed to court. During a trial, a judge or jury will determine who is responsible for the accident and decide the amount of compensation you are entitled to.
It’s worth noting that in Texas, fault can be divided between multiple parties, including you. For example, if the jury finds that you were 10% at fault for the accident, they will reduce your compensation by that percentage.
Having an attorney with trial experience can be a significant advantage, even if your case settles before reaching court. Opposing parties may be more inclined to settle if they know your attorney is prepared to go to trial and has a track record of success.
How The Dashner Law Firm Can Help
Navigating the legal process after a car accident can be overwhelming, especially when dealing with insurance companies that may try to minimize your compensation. The Dashner Law Firm has extensive experience handling car accident claims in Texas, and their dedicated team of attorneys will work tirelessly to ensure you receive the compensation you’re entitled to. Here’s how they can assist:
- Thorough Investigation: The Dashner Law Firm will conduct a comprehensive investigation of your case, gathering evidence to build a strong claim that proves the other party’s negligence.
- Negotiating with Insurance Companies: Insurance companies often try to settle for less than you deserve. The Dashner Law Firm is skilled in negotiating with insurers to secure a fair settlement for your injuries and damages.
- Litigation Support: If a settlement cannot be reached, The Dashner Law Firm will represent you in court, using their deep knowledge of Texas car accident laws to fight for maximum compensation.
- Personalized Attention: The Dashner Law Firm understands that every car accident case is unique. They provide personalized legal counsel, ensuring that your specific needs are addressed throughout the legal process.
- No Upfront Fees: The Dashner Law Firm operates on a contingency fee basis, meaning you don’t pay unless they win your case, giving you peace of mind while they handle the complexities of your claim.
Car Accident FAQs
Texas car accident attorneys typically operate on a contingency fee basis, which means you won’t have any upfront expenses. In essence, the attorney’s payment is derived from a portion of the compensation you receive. The percentage they take often varies based on when your case is settled. For instance, if the case progresses to trial, the attorney may command a higher percentage due to the increased time, effort, and resources invested. Conversely, if the case is settled without initiating a lawsuit, the attorney’s percentage is usually lower because of the reduced workload.
- Ensure safety: Check for injuries and move to a safe location if possible.
- Call 911: Report the accident to law enforcement.
- Exchange information: Share contact and insurance details with the other driver(s).
- Document the scene: Take photos, gather witness information, and make notes.
Yes, you should call the police to report the accident, especially if there are injuries or significant property damage. A police report can be crucial for insurance claims and legal purposes.
In Texas, the statute of limitations for filing a personal injury claim, including car accidents, is generally two years from the date of the accident. For property damage claims, it is typically two years as well.
Texas follows a “modified comparative fault” system, which means that each party’s degree of fault is considered. If you are found to be less than 51% at fault, you can still recover damages, but your compensation may be reduced based on your level of fault.
You may be eligible to recover various damages, including medical expenses, property damage, lost wages, pain and suffering, and more. The specific damages depend on the circumstances of your case.
CONTACT DASHNER LAW FIRM
If you have been injured in an accident, then the Dashner Law Firm can help you. Call our personal injury lawyers today at 972-793-8989 to speak with an attorney about your situation. The consultation is free and, if you cannot come to us because of your injuries, we’ll come to you.
PERSONAL ATTENTION
Mr. Dashner gives his personal attention to his clients. He’s one of the only attorneys who give you his direct line and is available to answer your questions and ensure you are taken care of. You can expect frequent updates, personal attention, and a solid ally when you work with Mr. Dashner. You’ll never pay money out-of-pocket for Mr. Dashner’s services. He does not collect until you do.