I Was Injured by a Texas Driver. Now What?
Car accidents can be stressful and overwhelming, especially in the aftermath of a serious injury. If a negligent driver hits you on Texas roads, understanding your rights is paramount to recovering compensation for hospital bills, medical treatment, lost wages, loss of earning capacity, and other losses.
If you were injured by a negligent driver, understanding which steps to take next is imperative to protecting your rights and restoring your well-being.
Here are 5 crucial steps to take after a car accident:
- Seek medical treatment. Even if you lack obvious injuries, seeking immediate medical care is crucial to rule out serious underlying problems, such as internal bleeding and traumatic brain injuries (TBIs).
- Report the accident. If no one has done so already, be sure to report the car accident to the appropriate authorities.
- Exchange contact information. If possible, exchange contact information with other involved parties at the accident site, including insurance information.
- Document the accident scene. If it's safe to do so, collect photos and videos of the accident site to use as potential evidence in your claim. Documenting the scene and obtaining medical care can serve as important evidence of your injuries later on.
- Seek sound counsel. Securing experienced representation from an attorney who is well-versed in personal injury law is essential to recover fair compensation for your injuries. Your lawyer can help you file a claim, gather evidence, and pursue justice from all liable parties.
Who is Liable in a Car Accident?
Determining liability in a car accident can be complex and difficult, making it critical to partner with a trusted attorney who can help you gather sufficient evidence and navigate the legal nuances of your claim. In car accidents, liable parties often include other drivers who acted carelessly or recklessly on the road, resulting in the accident. To establish negligence, you must show that the driver owed a duty of care, breached that duty, and caused compensatory harm (“damages”) as a result.
Texas also follows the comparative negligence rule, meaning that if the victim bears any of the fault in a personal injury lawsuit, the amount of recoverable damages will be decreased by that amount.
For example, if a car accident claim totals $100,000 in damages and the plaintiff is found to be 10% at fault, these damages would be reduced by 10% ($10,000), leaving $90,000 in available damages. However, if the injured party bears more than 50% of the fault, they will be ineligible to recover damages at all.
What Damages Are Recoverable in a Car Accident Claim?
Depending on the unique circumstances of the case, various damages may be available to plaintiffs seeking compensation in a car accident claim.
These include:
- Economic damages: These compensate for direct financial losses, such as property damage, medical expenses, treatment costs, lost earnings, and more.
- Non-economic damages: These compensate for indirect, non-financial losses, such as pain and suffering, emotional distress, scarring and disfigurement, loss of consortium, and loss of enjoyment of life.
In rare cases, the court may also award punitive damages to punish the defendant for particularly egregious behavior and deter similar acts in the future. Your personal injury attorney can help you understand and maximize potential damages in your claim by ensuring all losses are accounted for.
Do I Need a Car Accident Lawyer?
While it may be tempting to handle your claim on your own, hiring a skilled car accident attorney can mean the difference between recovering maximum compensation and walking away empty-handed.
Here are some important reasons to secure experienced representation after a wrongful injury:
- Navigating your claim: Your attorney can help you complete all required paperwork correctly and on time to ensure your claim is filed within the statute of limitations. They can also help you stay organized throughout your case by managing important deadlines and court appearances.
- Negotiating effectively on your behalf: Insurance companies have a reputation for evading fair payouts, preventing victims from obtaining the justice they deserve. A skilled litigator can advocate aggressively for maximum compensation and take your case to trial if necessary to achieve a fair settlement.
- Identifying liable parties: In some cases, liability may extend to multiple parties. Your lawyer can help identify defendants in your case and help you navigate the legal intricacies of the comparative negligence rule under state law.
- Protecting your rights: Recovering from a serious injury is stressful enough without the added burden of navigating your claim alone. Your lawyer can help you stay on track by handling important legal tasks and advocating for your best interests, freeing you to focus on making a swift recovery.
Contact Our Harlingen Trial Attorneys
At Ried Pecina Trial Lawyers, our award-winning attorneys have a proven track record of results representing fellow Texans in a variety of personal injury claims. From slip-and-fall accidents to truck accidents to workplace injuries, our firm has recovered hundreds of thousands of dollars for the wrongfully injured in Harlingen, Brownsville, Hidalgo County, Cameron County, and beyond. As skilled trial attorneys, our advocates never shy away from a fight and prepare every case for trial, giving you peace of mind that your needs are prioritized no matter what.
Don’t settle for less than you deserve after a serious injury! Call (956) 225-2509 to schedule a free consultation. Hablamos Español.