A car accident can change your life forever. You may suffer severe injuries that will keep you in hospital for weeks, or even months. When you go back home to recover, you will be met by the pile of bills for medical expenses, and you will realize that you lost a significant amount of your wages. In some of the worst cases, you won't be able to work anymore and will require special medical care and assistance with activities of daily living. How long does it take to settle a car accident case However, the law allows you to pursue a personal injury lawsuit against the person at fault for your accident.
If you want to make sure that your claim is successful and you win the maximum compensation you are entitled to, you need to hire an experienced accident injury lawyer from Calhoun, Meredith & Sims Law Firm. We will lead negotiations on your behalf with the other driver's insurance agency and, if we cannot reach an acceptable agreement, prepare your case for trial with judge and jury.
Personal injury lawyers in Texas know that no two cases are similar in terms of circumstances, the severity of injuries and the negotiations with the insurance adjusters to reach a fair settlement. The elements of the process leading to a personal injury settlement include:
According to the Civil Practice and Remedies Code Title 2 Subtitle B Chapter 16 the state of Texas has a statute of limitations of 2 (two) years for a personal injury plaintiff to take legal action against the at-fault party. Therefore, you should hire a personal injury attorney as soon as possible after the unfortunate event.
As you noted from above, one of the reasons a personal injury settlement takes time is because your lawyer needs to know what kind of injuries you sustained and how they may impact your life in the future.
In our experience, traffic accident victims may suffer from:
Some of these types of traumas may take months to heal until you have reached the maximum medical improvement. During this time, you will accumulate medical bills. Thus, your lawyer is unable to calculate your damages and costs accurately, until your doctor confirms that you can be released from hospital.
One of the mistakes many car accident victims make is to start discussing with the an insurance adjuster without retaining injury attorneys. Auto insurance companies want you to settle your claim as soon as possible. If you sign any agreement, you give up your rights to pursue compensatory damages in court. Moreover, whatever you say in person or during a phone call can be interpreted in a way that favors the fault driver.
Here are a few reasons you should not accept a quick settlement from insurers:
Once you hired a personal injury lawyer in Texas, you only have to focus on getting better after the crash and hospital stay. The attorney will start the settlement process on your behalf with the discovery phase, when they will establish the circumstances of the car impact by:
If necessary, the personal injury lawyer will conduct a reenactment to corroborate the crash site evidence and the statements of the witnesses.
Next, the personal injury lawyer will talk to your doctors and look at your medical records in order to determine the extent of your injuries. The goal is to determine every injury traceable to the accident (that is, injuries directly caused by the car crash) and their long term impact on your life.
Once the legal team has all the relevant information, they can start negotiating with the insurance company. They will add non-economic damages to your claim, to cover for your pain and suffering, loss of enjoyment of life and loss of consortium.
In certain cases, the accident victim is also partly at fault for its occurrence. However, this does not mean you are not entitled to fair compensation, if you are less than 51% percent at fault for the crash. In the state of Texas, compensation award for personal injury lawsuits is calculated in proportion to the victim's degree of responsibility for the incident.
Thus, according to the proportionate responsibility principle, if you were found to be 20% at fault for the auto accident, you may recover up to 80% of your losses and damages. In order to establish your accurate degree of responsibility, your lawyer will take all necessary steps, including obtaining witness depositions and reenacting the accident.
Please note that the fault driver's insurance company will attempt to assign to you as much responsibility for the accident as possible. This is why you should not hold any communication with the adjuster who contacts you while you are still vulnerable, in hospital. Some of your words may be interpreted as admission of fault and be used against you when you file a claim for compensation.
At Calhoun, Meredith & Sims Law Firm, we focus all our energy and knowledge of the law to obtain the maximum compensation for each client. We are problem solvers who put your legitimate interest first and will explain the personal injury process in clear terms, that you will understand.
Whenever possible, we will seek punitive damages on your behalf and pursue a defendant in court if their insurance coverage does not meet the costs to recover from the accident. We know how to identify multiple sources of compensation, including, for example, the insurance coverage of the driver's employer, if the accident occurerd during a trip for work purposes. We will stand by your side during the litigation process and find innovative solutions for the most complex situations.
Do not hesitate to contact us as soon as possible after a car accident. We only get paid after we win your case, so you don't have to worry about advance fees. Time is of the essence so call us now to schedule a free case review: 855-664-0273!