A motor vehicle collision can happen to anyone, at any time. Car accidents can result in steep medical bills, significant property damage, and even death. Understanding what you’re entitled to after an auto accident can help you pursue the compensation you deserve, for an accident that was not your fault.
Damages in a Texas Car Accident Case
In the state of Texas, you can recover compensation for the damages you suffered as the result of another person’s negligence. An auto accident victim can pursue compensation for the following types of economic and non-economic damages:
- Past and future medical costs
- Property damage
- Lost wages
- Loss of earning capacity
- Pain and suffering
And more.
The value of these damages will vary, depending on many factors, such as:
- The extent of your injuries
- Your prognosis
- How much time you missed at work
- Whether you will be able to return to work at all
- Whether you sustained a permanent disability
- Whether you are forced to change careers due to your injuries
- Your degree of fault
- Insurance coverage
And other variables.
The Texas Auto Insurance Claim Process
In Texas, the auto insurance claims process can vary from insurer to insurer.
In most cases, the process will include the following steps:
- Report the motor vehicle collision to the negligent driver’s insurance provider
- Notify your insurance provider about the accident
- Meet with a car accident lawyer at a free legal consultation
- Your car accident lawyer will gather and analyze evidence
- An attorney will draft a settlement demand letter that outlines your damages and your demand for compensation
This will kick off settlement negotiations. In most cases, the insurance company will make a counteroffer for a lower settlement. Your car accident lawyer will review this offer and meet with you to determine if you should accept the offer or make a counteroffer. In some cases, the insurance company will admit fault but will refuse to make a fair settlement offer.
The negotiation process is long and time-consuming. More complex accidents can take longer to settle, such as accidents that involve multiple parties or life-changing injuries.
What Happens If I Accept the Settlement Offer?
If you accept the insurance company’s settlement offer you must sign a settlement release. The release states that you won’t file additional claims against the insurance company or defendant for the same accident.
Do I Have to File a Lawsuit?
If you’re not able to reach a settlement agreement then you can discuss your other options with your car accident lawyer. If your lawyer believes you stand a better chance of recovering compensation if you go to trial, they can file a personal injury lawsuit on your behalf.
Even if your attorney files a lawsuit, they will continue to negotiate with the insurance company during this time. In most cases, your lawsuit will be settled out of court. An insurance company does not want to waste time and money on a lengthy trial.
Texas Fault Laws
Accident victims have a right to pursue compensation if they were injured and suffered damages that were caused by the negligence of another. Under Texas law, you can recover compensation for your damages as long as you were no more than 50% responsible for the collision. If you were 51% responsible, you would be unable to recover compensation for your losses.
Should I Hire a Car Accident Lawyer?
Some types of auto accident claims do not require the assistance of a legal professional. However, in many cases, hiring a car accident lawyer can be invaluable.
A car accident attorney can help by:
- Investigating the accident
- Gathering evidence
- Filing a claim
- Consulting with experts
- Handling all interactions with the insurance company
- Negotiating a fair settlement
- Filing a lawsuit if the insurance company refuses to make a fair settlement offer
An attorney can handle every aspect of their client’s claim, allowing the accident victim to focus on their recovery and moving on with their life.
Contact Us Today
If you have been involved in a car accident with a negligent motorist, it is important to take immediate action to protect your legal rights and seek compensation for your injuries and other damages. By working with an experienced car accident attorney from the Moore Law Firm, you can ensure that your legal rights are protected and that you receive the maximum amount of compensation possible for your losses. Contact the Moore Law Firm today to schedule a free legal consultation and let us help you pursue the settlement and justice you deserve.