Serious car accidents happen every day in Texas.
According to the Texas Department of Transportation, 1 person was injured in a car accident in Texas every 2 minutes in 2017, and 1 person was killed every 2 hours and 20 minutes.
Fortunately, there are steps you can take to make sure you are properly compensated following a car accident in the Lone Star State.
Let’s take a closer look.
The vast majority of car accidents are caused by negligence, mechanical failure, or various external factors. Some of the most common causes of car accidents in Texas include:
Medical expenses are 1 of the chief damages that victims can receive compensation for after a car accident. Car collisions are responsible for numerous injuries that range from mild to severe. These injuries include:
Following a car crash, you’ll understandably be distracted and perhaps a little disoriented. Nevertheless, there are certain steps you should take immediately that will make your life easier should you choose to file a lawsuit down the road.
If the car accident wasn’t your fault and the at-fault driver’s insurance company refuses to give you the compensation you deserve, you may need to file a personal injury lawsuit.
To recover damages through a car crash lawsuit, you’ll have to show that the other driver was negligent. This means you’ll have to prove the following:
To file a lawsuit, you have to file in the Texas civil court for the jurisdiction where the crash happened, or where the defendant resides. Your attorney can advise you where to file for best results. Experienced attorneys know the local courts and judges, and may have an idea for the best venue for your specific case.
Once you file your lawsuit, the defendant (i.e., the at-fault driver) will have the opportunity to reply to your complaint. In most cases, the insurance company that provided coverage to the defendant will respond to your claim on the defendant’s behalf.
Once your attorney receives the defendant’s response, settlement negotiations will likely begin.
Insurance companies like to avoid the expense of a lengthy trial, especially if it’s obvious that the defendant is responsible for the accident. Consequently, you may receive a fair settlement offer shortly after the lawsuit is filed.
If liability is unclear, both parties will engage in what’s called “discovery.” Discovery refers to the exchange of information and evidence about the case between the parties. As part of the discovery process, you’ll probably have to turn over any medical records related to your injuries.
The parties can choose to settle the case at any point during the discovery process, but if they don’t, your case will go to trial.
Remember, in order to receive compensation, the at-fault party must be proven negligent. Once liability has been established, you can recover damages, including:
If you’re injured in a car accident in the Lone State State, there’s a lot to consider. Think about reaching out to an experienced Texas attorney to discuss your case. In most cases, you won’t be charged for an initial consultation.
A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages and provide compensation for injuries suffered. Sometimes a case that seems simple at first may become more complicated. In these cases, consider hiring an experienced personal injury lawyer. Read more