All your life, you’ve been told not to trust lawyers, but now something horrible has come about to happen, and you desperately one, right? Well, you’re not alone. Thousands of injured parties, every year, seek out the help of competent car accident lawyers to help them through the mess created by an incident.
Car crashes are not uncommon on the roads of Texas, and the damages incurred by such events are staggering, to say the least, physically, emotionally, and financially. But there is one glimmer of hope for the injured party, at least in Texas, and that is the right to sue the liable party for their losses.
Of course, things don’t have to go down to an auto accident lawsuit, but that’s how they are resolved in many cases.
But where do the lawyers come in?
Do you seek the legal help of personal injury attorneys only when you plan on filing a personal injury lawsuit or when you need someone to negotiate with the insurance adjuster? No, lawyers can be of massive help at all stages of your personal injury case.
In this article, we will explain why that is the case by exploring what a car accident attorney can do for you.
Before we move onto how an experienced lawyer can help with your personal injury case, let’s explore the details of car accident cases to see where an injury victim stands in such personal injury claims..
To sue the responsible parties, you first need to establish that the other driver was beyond doubt at fault for your accident. This means that you’ll need not only convincing evidence but also a coherent narrative that presents the facts truthfully and affirms your auto accident claim.
This is, of course, only possible if the other person is indeed at fault.
The first step at establishing negligence is knowing how automobile accidents happen.
For instance, in the event of a rear-end crash, the driver who struck your vehicle from the rear would be held at fault without a shred of doubt.
However, in other cases, such as in a head-on collision, or a flip-over accident, or a distracted driving accident, further details will be needed to confirm the at-fault party. This is because you need to establish that you had no role in causing the crash and that the accident was completely avoidable.
Let’s say if the other driver was texting at the time of the accident, your lawyer could pull up the telephone records to show that was indeed the case. Similarly, surveillance footage can help you prove how it was the other party that acted neglectfully.
Of course, there is a slight chance that you, too, may be partly responsible for the accident. But not worry, as long as your share in the blame does not exceed 50%, you will be entitled to proper compensation and will have every right to sue the other party, albeit for a reduced sum.
The financial losses and non-economic damages sustained by the victims are also just as important. If you’ve managed to establish the other party at fault, you need to assign a sum for your losses. And that is only possible if you know the full extent of the damage you sustained.
The more you had to suffer through, the more you can sue for. This is a general rule for accident insurance claims.
Medical expenses (for medical examination and medical care), lost wages, property damage (vehicle damages repair), extra expenses, and so on contribute to the sum of your monetary compensation, alongside non-economic damages, i.e., pain and suffering due to physical injuries.
Moreover, accident injuries can leave injured persons suffering from emotional trauma.
However, things don’t usually play out ideally (i.e., adjusters can use medical records of clients to slash the sum), and thus seeking legal consultation early on in your personal injury case is highly recommended.
According to Texas law, you can sue the other driver if they are liable for the damages you sustained. Since Texas is an at-fault state, this means that the person responsible for incurring the damages for any personal injury case will be the one who has to pay up.
Thus you have every right to take the liable party to court if you want to.
However, this is not the only way to settle.
Most cases are sorted out with the insurance company representative of the other party. If you can reach a fair settlement with the insurance adjuster, which is possible though not probable unless you have an experienced lawyer by your side, you can call things off and take the financial compensation.
But do keep in mind that though this approach offers quick results, you can’t expect to get compensated at maximum unless you get your lawyers involved and press hard for your rights. In response, the adjuster may try to use delaying tactics to get you to submit.
You then have two options: either submit or take matters to court.
We would advise you to do the latter, especially if your case is straightforward.
But be sure not to hide any detail of the case from your lawyer. If you think that something may undermine your position in the personal injury claim, better discuss it with your lawyer yourself than to have them find out otherwise.
Not to worry, even if you are partly at fault for a personal injury case in Texas, you can still demand compensation, although the sum will be slashed according to your share in the blame. Just don’t hide facts from your lawyer and never deal with the other party on your own.
Lastly, be sure to follow the statute of limitations in Texas, which sets a two-year time limit for you to file your personal injury case, failing to which will lead to your claim being discarded later on (if you happen to file it later on).
Okay, so where do the lawyers come in?
If you ask us, we’d say that you should call a qualified auto accident attorney as soon as you can. Most insurance adjusters are in a rush to get you compensated. This is not because they feel bad for you but simply because they wish to get it over with without having to pay a fairly decent sum.
Never fall for this trap.
If the adjuster calls you or visits you, be sure not to give any statements; be polite, you can excuse yourself by saying that you’re not feeling well at the moment and that you’d be more comfortable doing this when you’re feeling better.
This is the point where you should pick up your phone and seek the services of a renowned personal injury law firm like Calhoun, Meredith, & Sims (if you’re in Texas).
The goal is pretty straightforward: getting you compensated for your economic and non-economic losses, and here’s how lawyers can help you with it.
Most people don’t have a clue about their legal rights under the personal injury lawyers of Texas. And the insurance adjusters like to exploit that to its fullest. The last thing you want to do is end up with a nominal payout simply because you are desperate.
Or, you may not know the full extent of the case details and thus be unaware of your position in it. Without knowing your rights regarding the case, you have no way of getting fairly compensated. This is where lawyers come in, and you should be grateful that they do.
This is because they’ll help you figure out your rights and make you better able to exercise them.
For instance, the insurance adjusters can press you hard to settle for less if you share the blame.
While the compensation sum is slashed to make up for your participation in causing the accident, you can end up with much less than what you deserve if the insurance adjuster inflates your percent of the fault. This is just one of the areas where lawyers can make things fair for you.
It is pretty easy to get confused about what to do and what are the valid options for you after a personal injury case. Since there is a plethora of information on the internet and everyone offers unique insights and opinions.
Therein lies the problem: too much information can actually harm your chances of winning fair compensation because this may lead you to act in a way harmful to your case.
Just make sure that the advice you’re getting suits your specific situation (i.e. what to do when the liable party's insurance coverage is limited). For instance, even this article has been written generally, don’t count on online advice to help you through all situations. The best you can do here is to get a lawyer on board and do as they say.
Attorneys command extensive knowledge about their fields and pack lots of experience, which means that whatever they ask you to do will help your case, i.e., they may strengthen your case by highlighting a track record of reckless driving of the at-fault driver.
If you’re unsure about what to do or where to start, turn to the experts.
Whether you plan on settling with the insurance adjuster or taking the liable party to court, you can count on an experienced attorney to help you through the tussle that awaits.
The insurance provider (of the at-fault party) will not be too eager to hand over maximum settlement for your insurance claim. Still, your lawyer will see to it that they see the full extent of the damage you sustained and thus be cooperative.
If your case is solid enough, the adjuster may feel more obliged to settle fairly because court settlements via personal injury lawsuits can be much bigger.
But if you have to drag the at-fault driver to trial, then expect full cooperation from your lawyer, who’ll prepare your case and help you with your statement.
By sealing away any gaps in your narrative and articulately presenting the available evidence, the lawyer is sure to move the jury in your favor, making them see how you had to suffer because of someone else’s negligence.
Whatever option you choose, an accident injury attorney will be of great help, be sure to contact one, even if only for an initial consultation.
But that’s not all. Auto accident lawyers can do much more for you and help you build a solid case through the following:
Going through your motor vehicle accident case all by yourself may seem doable at first, but that’s far from the truth, and the insurance adjuster is the last person you should trust in this regard. It is a conflict of interest for the insurance companies to offer you a fair insurance settlement without a tussle.
Thus getting the services of a competent personal injury lawyer with extensive experience should be a top priority if you wish to secure justice for your case based on the extent of damages incurred upon you, i.e., a minor fender bender and serious head-on collision are not the same.
And if you’re worried about the attorney fees, then no need to keep your mind in a state of fear; our legal teams of experienced accident attorneys at Calhoun, Meredith, & Sims are deeply committed to helping accident victims like you and possess decades of experience in this field.
Since we work on a contingency fee basis, you'll only have to pay when you win your claim as per the insurance policy.
Call us today, and get started on claiming your maximum compensation!