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Motor vehicle accidents caused the death of 3,610 people and left 12,897 with severe injuries in Texas in 2019, according to the Texas Department of Transportation. Statistically speaking, one person died every 1 hour and 26 minutes, and one was injured every 2 minutes. Although car accident fatalities have decreased by 2.33% since the previous year, it is still a very high number. Thus, no matter how careful you are, you may become the victim of a car crash and suffer bodily injury and property damage. At Calhoun Meredith Law Firm we believe that every accident victim deserves fair compensation from the fault party or their insurance company. This is why we urge you to contact one of our experienced car accident attorneys as soon as possible for a free case evaluation..
We understand that you find it hard to focus on anything except worrying about your health and possibility to recover after your injuries. However, it is important to retain legal representation as soon as possible. It is the only way of initiating the procedures for preparing accident claims in order to negotiate a fair settlement or file a personal injury claim against the responsible driver.
The Texas Department of Transportation has collected detailed data from all auto accidents reported in 2019, including the cause of these crashes. Thus, the most frequent causes of car accidents, in decreasing order, are:
As you can see from the list above, all these causes of car crashes are driver-related. This means that the person driving the vehicle is responsible for the auto accident injury caused to the other driver (and their passengers). Thus, accident victims should hire a personal injury attorney to investigate the circumstances of the crash and advise them on initiating a claim process.
All types of physical injuries and personal property damage caused by another person's negligence are governed by personal injury law. In the state of Texas, this law is enshrined in the Civil Practice and Remedies Code, which stipulates, among others, whether you are eligible to receive financial compensation for your physical pain, medical costs, pocket expenses and other economic and non-economic losses..
The core principle that determines if you have a valid personal injury case is called the proportionate responsibility. According to Sec. 33.001 of the Civil Practice and Remedies Code "a claimant may not recover damages if his percentage of responsibility is greater than 50 percent".
Thus, in any settlement negotiation with an auto insurance company, the accident victim's true percentage of fault will be the main point of contention. The insurance adjuster will try to persuade you that you do not have a case. Or, they will offer you a lowball amount, which will not even cover your current expenses and losses, let alone future expenses with medical care, professional rehabilitation and other costs.
This is where auto accident attorneys step in, using their experience and knowledge of law to protect your rights and win the maximum compensation you deserve.
All auto accidents are unique in their circumstances and outcomes. In some cases, our personal injury attorneys have to deal with a hit-and-run accident. In others, there are fatalities and we have to support the bereaved relatives in filing a wrongful death lawsuit. Or, our clients suffered catastrophic injuries and we have to wait until they reach the point of maximum medical improvement in order to calculate their economic losses.
This is why no accident injury attorney will give you an upfront estimate of the amount you will get once your personal injury claim is settled. What we can offer is guidance to:
We will start by explaining why each individual personal injury settlement will take a specific period of time and reach its unique resolution.
When an experienced attorney starts discussing with auto accident victims, they will start by asking:
Depending on the answers, various specific challenges may arise, such as:
If the other driver fled the accident scene, the victim has two possibilities: hope that the police will identify the responsible driver, or resort to their own insurance coverage to pay for medical care and property damage.. However, the second option is only possible if you have optional coverage to your mandatory auto insurance policy:
According to the Texas Department of Insurance, all drivers are required to carry liability insurance, to pay for the bodily injuries and property damage caused to other drivers. The minimum amounts of coverage required by the law are:
In reality, in Texas around 14% of drivers do not have an auto liability insurance policy. If you are hit by such a driver, your only recourses are to use your own Uninsured/Underinsured Motorist (UIM) coverage, or file a personal injury lawsuit against the negligent party.
The UIM coverage is included in all auto insurance policies in Texas by default, but you can write to your insurer and waive it (once again, not recommended). As for suing the negligent driver, you have to consider the fact that they are uninsured because they do not afford to pay the premiums. This means that they have low wages and no valuable assets. Thus, even if you win a jury award at the end of the trial, you may not be able to collect it.
As for underinsured drivers, they usually carry the minimum coverage amounts required by law. In case of a serious accident that results in a totaled car and traumatic injuries, these amounts are not nearly enough to cover all your damages. This means that you should also pursue the responsible party in court in order to win the rest of the financial compensation to cover your losses.
Another factor that influences the duration and final amount of your accident injury claim is the extent and severity of your injuries. In case of common injuries, you may recover in a few weeks. However, in the experience of our personal injury law firm, many victims of traffic accidents suffer very severe types of injuries, such as:
These injuries require extensive medical treatment and may take months to heal. In some cases, the victim is likely to suffer a permanent injury. Thus, the personal injury lawyer must wait until the doctors declare that the person reached maximum medical improvement before they start calculating their future costs with medical care, assistive devices, home modifications, etc.
In a personal injury case in Houston, Texas, you may receive three types of damages:
Economic damages cover the actual expenses and financial losses you incurred as a result of the accident. They include:
Non-economic damages are a form of compensation for your pain and suffering. It is difficult to put a dollar amount on your emotional trauma, mental anguish and loss of enjoyment of life and bring arguments that an insurance adjuster won't refute. This is why you need an experienced attorney to present your case and conduct the negotiations. They won't be intimidated by the tactics used by insurance companies to reduce the settlement amount. And they will have the legal arguments and relevant evidence to support your demands.
In general, punitive damages are awarded by the jury at the end of a personal injury lawsuit. They are granted if at-fault drivers are found to have acted with gross negligence towards the injury victims. For example, a DUI driver who was speeding may be declared as acting with gross negligence. Experienced legal professionals can advise you whether you should accept the amount obtained during settlement negotiations, or whether you may win a higher amount including punitive damages at the end of a trial.
The average personal injury case goes through the following steps:
An experienced accident law firm knows exactly how long to conduct the negotiation process to give you a chance to take further legal action. This is something you must always keep in mind - the time you have to file a lawsuit. In the state of Texas, the statute of limitations for personal injury cases is 2 years.
Thus, depending on how the proceedings end, you may get your accident settlement within months, or even within 1-2 years. However, it is worth being patient, because your lawyer is trying to win the maximum compensation you are entitled to.
As we explained earlier in this article, how you act after a car accident can influence the final settlement you will receive. Unfortunately, many accident victims hurt their own case by their actions or omissions. Thus, we have prepared a comprehensive guide, showing you what to do, in chronological order.
Your safety comes first no matter what. A car crash may leave injuries that are not visible and do not show symptoms immediately, such as internal bleeding, organ damage or whiplash. An EMT team will give you the first aid and, most likely, recommend you to be taken to hospital for further tests.
At the same time, a law enforcement team will arrive at the crash scene to investigate and prepare the accident report. This document will be very valuable when your personal injury lawyer starts investigating the circumstances of the accident.
The next step is to make sure that you and the other driver exchange identification and contact details, such as:
At the same time, you should approach all people who witnessed the accident and ask them to give you their names and phone number. Traffic accident lawyers rely on witness testimonies and the evidence they may have collected (photos or videos taken with their phone) to build your case.
Without overexerting yourself, try to take as many photos and videos of your injuries, your wrecked car and the accident scene. Make sure you include elements such as:
At the same time, you should write down or record yourself stating all the details of the accident, while your memory is still fresh. As times goes by, you may forget a crucial element.
You are required to report any car accident to your insurer.. Give them a quick call to state that you had a traffic accident, but do not give any specific details. Most importantly, do not use words that may imply that you are sorry, apologize or accept fault for the accident. These calls are usually recorded and they can hurt your case.
In some cases, you may not have to go to hospital in the ambulance. However, you must see a doctor within 24 hours after the crash. Otherwise, you will not have a medical report proving that your injuries were caused by the car crash. An insurance adjuster will easily argue that you did not sustain any injuries. Or, if you go to the hospital a few days later, they will claim that you were injured in a separate incident.
In many cases, even juries will not sympathize with an accident victim who did not seek medical care and did not everything they could to mitigate their damages.
In many cases, an auto insurance adjuster will contact you within days after the crash and make you an offer. They are counting on the fact that you are still in pain and vulnerable, and that you will feel grateful that they are reaching out to you.
Do not accept the offer. In fact, do not discuss anything about the accident with the insurance adjuster. They work for the insurance company, not for you. Thus, their goal is to pay as little as possible, or even get your claim denied. Be civil, but firm and tell the adjuster that your accident injury attorney will contact them shortly to discuss your claim.
At Calhoun Meredith, we put our experience, talent, and dedication to the service of justice. We are committed to winning you the fair compensation for pain, economic loss, and mental suffering that you deserve. Over the years, we learned how big insurance companies try to minimize payouts, and we developed innovative legal tactics to fight them.
Whenever someone is the victim of driver negligence, we are ready to look at your case, give you the best answers and help you choose the right legal action to recover your financial losses. We urge you to contact us as soon as possible after a traffic accident, because the 2 years you have available will pass very quickly while you are recovering and struggling to make sense of the event that changed your life.
We offer out clients a contingency fee agreement. This means that you can afford to hire us no matter what your financial situation is right now. We will not charge you fees until we win our case. Instead, we collect our fees out of the settlement amount we win for you.
Call us now for a free case review: 855-664-0273!
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