It is undeniable that car accidents are traumatic experiences, capable of severely harming your body and shocking your mind. The last thing you want to do after one, then, is deal with a stubborn insurer trying to frustrate you into dropping your claim for injury compensation. An accident attorney can deal with your accident case while you focus on your health and finances.
Your claim might be critical for paying your medical bills and living expenses, as well as covering any lost income due to missing work. Without an experienced accident lawyer on your side, you might face significant health and financial hardships.
How an Experienced Car Accident Attorney Can Help to Maximize Your Compensation
Texas uses a fault-based system for car accidents. Every vehicle owner in the state must purchase liability insurance. After a crash, victims will file injury claims with the at-fault driver’s insurer.
The compensation victims can recover, however, relates directly to the evidence and legal arguments presented to the insurer and a jury, if necessary. It can increase if stronger evidence of liability and a more complete set of documentation detailing the victim’s losses are provided.
A car accident attorney knows what evidence will prove the other driver’s liability. And with their knowledge of injury law, they can present arguments to advocate for a fair and just outcome.
Some specific situations where injury attorneys can help include the following:
Complex Insurance Claims and Settlement Negotiations
Some car accidents are relatively straightforward, capable of providing irrefutable proof of what happened and who is liable. Rear-end crashes, for instance, are almost always the fault of the second driver. They are responsible for maintaining a safe following distance, which means a crash almost always points to them speeding, tailgating, or driving while distracted.
However, many crashes present complicated facts or legal issues. Both drivers may have contributed to the cause of the crash. And in such cases, under Texas law, the insurer must determine each driver’s percentage of fault.
Another complex scenario involves an at-fault driver injuring multiple victims. The crash victims must compete for benefits capped by the driver’s policy limits.
No matter the kind of claim, an accident attorney will rely on their past experiences to craft legal strategies for their client’s situation. More importantly, they can use their negotiation skills to try to achieve a fair settlement without the time and effort needed for a trial.
Proving Fault and Liability
Suppose that a driver was texting and driving. They spotted a pedestrian at the last second and swerved, crossing the median. They hit the pedestrian anyway and also caused a head-on collision. In such a turn of events, the distracted driver and their insurer are liable for injuries to both the pedestrian and the occupants of the other vehicle.
After being involved in a car accident in Texas, you can hire a personal injury lawyer to handle your personal injury claim. They will investigate your accident and gather evidence to prove your case, including the following:
- Police report(s)
- Witness statements
- Doctor’s records and medical bills
- Paystubs
Your lawyer will file a claim with the at-fault driver’s insurer. And in order to win, they must show that the other driver acted negligently when they caused the crash. If the insurer denies liability, you must file a personal injury lawsuit.
In either case, the lawyer must prove the following four elements to establish negligence:
- Duty of care
- Breach of duty
- Loss
- Causation
Proving each of these elements requires evidence. For example, a breach of duty happens when a driver fails to exercise reasonable care while driving. Establishing that driver’s carelessness might require your lawyer to weave together several pieces of evidence, such as photos of the crash scene, the crash report, and testimony from each driver.
Protecting Your Rights and Interests After a Car Accident
Insurance companies do not earn a profit by paying claims. In fact, the opposite is true: They make their money by paying as little as possible to claimants. The at-fault party’s insurer could delay the claim investigation, deny the claim, and offer a low settlement. In short, it will do everything possible to frustrate you into dropping your claim.
Insurers also use clever tactics, such as asking you for a recorded statement. They will then scour that statement for anything they can use to deny your claim. Even an innocent statement like “I’m fine” when the insurer asks how you are could be used to “prove” you suffered little to no injuries.
Thankfully, a reputable accident lawyer will be aware of all of these tactics and help you avoid them. They might inform the other party’s insurer that you provided a statement to the police, for instance, and the insurer can use that report to get your side of the story.
FAQ
How Much Does a Car Accident Lawyer Cost?
Most personal injury law firms work on a contingency fee basis, which means you won’t owe any legal fees until the case ends. And even then, your fee is calculated as a percentage of the compensation recovered by the lawyer. If they recover nothing, you pay nothing.
What Should I Ask an Accident Attorney During an Initial Consultation?
Your free consultation should be a time in which you interview the lawyer. Ask questions about their experience with similar cases, about how much they charge, and about how you will receive case updates.
What Compensation Can a Car Accident Attorney Recover For Me?
A car accident lawyer can recover compensation for economic and non-economic losses. The former include medical bills, lost income, and other hard costs, while the latter encompass all the ways your injuries erode your quality of life including pain and suffering.
Contact Ramsey Law Group to Learn How We Can Help You
A car accident claim might provide the resources you need during a difficult time. Don’t hesitate to talk to an injury lawyer about your accident to learn about your legal rights and options. Contact Ramsey Law Group for a free consultation.