One car accident and in a single night your life is never the same. You endure pain, medical expenses, and harassment in the form of phone calls from insurance companies.
If you are hurt in Texas, a Houston personal injury attorney can protect your rights and recover the compensation you are entitled to. This article will inform you of what to do after a wreck, how the claims process works, and how a Houston lawyer can really assist.
Contents
- 1 Why You Need a Houston Personal Injury Lawyer
- 2 Steps to Take After a Car Accident in Houston
- 3 How a Car Accident Claim Goes
- 4 Compensation You Can Recover
- 5 Challenges Shared by Car Accident Claims
- 6 Houston Car Accidents are Different
- 7 Choosing the Best Houston Injury Attorney
- 8 How Long a Case Takes
- 9 FAQs
- 10 Takeaway
Why You Need a Houston Personal Injury Lawyer
More and more, after a car accident, people try to handle claims themselves. That is a mistake. The insurance companies have armies of adjusters and lawyers whose only aim is to pay as little as possible. An experienced Houston personal injury attorney can help you in the following ways:
- Gathering evidence that can no longer be gathered after some time has passed.
- Making phone calls and filling out forms for the insurance company.
- Finding evidence of fault in the form of accident reports, photographs, and expert testimony.
- Figuring out actual costs: treatment, therapy, lost wages, and pain.
- Representing you if your claim ends up in court.
You can focus on the recovery process while the lawyer takes care of the rest. The majority of Houston injury lawyers work on a contingency fee basis. That is, you do not need to pay them anything if they lose your case.
Steps to Take After a Car Accident in Houston
Knowing what to do in the event you are in an accident will protect your claim and your health.
Get Medical Attention Immediately
Even if you’re fine, see a doc. Whiplash and internal injuries won’t show up down the line.
Call Police and Get a Crash Report
A police report is gold. It contains scene data, witnesses, and fault.
Gather Evidence
Take pictures of vehicles, signs, skid marks, and injuries. Obtain the other driver’s insurance and contact information.
Don’t Say Too Much
Never apologize at the scene or to the insurance company. One word can haunt you later on down the line.
Get a Houston Personal Injury Attorney
A lawyer can discuss your case, fight for your rights, help in the legal process and negotiate with the insurer.
Documentation
Get together all bills, receipts, and records from your physician. These determine how much money you’ve lost because of the accident.
How a Car Accident Claim Goes
They’re all different, but they all go forward in these basic steps:
- Case Review – Your lawyer reviews all the facts to decide on the best course of action.
- Investigation – They gather medical records, police reports, and witness statements.
- Demand Letter – A demand letter is written to the at-fault party’s insurance company demanding reasonable compensation.
- Negotiation – Both parties try to agree on a settlement amount.
- Filing a Lawsuit – Your lawyer sues in Texas court if there are unsuccessful negotiations.
- Settlement or Trial – A majority of cases are settled without trial, but if not, your lawyer tries your case in front of a jury.
Compensation You Can Recover
A car accident victim in Texas can recover a wide variety of compensation, and they are called “damages.”
- Medical bills – damages for hospitalization, medicines, physical therapy and follow-up visits.
- Lost wages – compensation for income which you lost due to your inability to work.
- Loss of earnings capacity – This would be true if your injuries did forever prevent you from working in your particular line of work.
- Pain and suffering – For physical and emotional pain.
- Property damage – For repair or replacement of your vehicle and personal items.
- Loss of enjoyment of life – When the injuries stop you from enjoying normal activity.
- Punitive damages – Rarely, only in the worst cases when the other driver was obviously at fault (for instance, drunk driving).
Your lawyer can add up the total of your damages before negotiating.
Good cases occasionally turn bad. Following are some problems most Houston accident victims encounter:
- Contested fault – They can blame you. Texas has a modified comparative fault. You do not receive money if more than 50% are at fault.
- Insurance delays – Insurances take time to pay or never pay.
- Short time limits – Two years in Texas from the accident date to sue.
- Unseen injuries – Some injuries will not show up for weeks. Do not settle too fast.
- Lost evidence – Waiting too long causes loss of evidence: skid marks disappear, camera images are erased.
Having an attorney engaged early prevents these drawbacks and solidifies the case.
Houston Car Accidents are Different
Houston freeways experience heavy traffic every day. Wrecks happen on freeways like I-10, I-45, and 610 Loop. Tractor-trailers, oil well fleets, and ride-share cars make accidents more complicated. Local lawyers are familiar with the court houses, judges, and prevailing jury sentiment in Houston. Local lawyers are also familiar with how the local insurance adjusters operate. Local familiarity can lead to a faster and more realistic resolution.
Choosing the Best Houston Injury Attorney
It will be so much easier with the best lawyer. Look for the following:
Experience in handling car accident cases in Houston and across Texas.
- Good communication – You should always be aware of what is happening with your case.
- Good reputation – Check for client reviews and past results.
- Trial experience – An attorney who’ll go to trial earns more respect from insurers.
- Free consultation – Most good lawyers provide a free consultation.
- Clear fees – Be clear about what percentage they receive if they win.
When meeting a lawyer, bring your crash report, photos, medical records, and any letters from insurance companies.
How Long a Case Takes
Many people ask, “How long will my case last?” The answer depends on several things:
- The number of drivers involved.
- How clear the fault is.
- How severe your injuries are.
- Whether the insurer makes a fair offer.
- The court’s schedule if a lawsuit is filed.
They get their fees when the claimants win. Some are resolved in a matter of months. Others last more than one year, especially if the injuries are severe. A tenacious and patient attitude has a tendency to garner more.
FAQs
1. When should I hire a Houston personal injury attorney after an accident?
Do it now. The evidence can disappear in a heartbeat and Texas has a two-year statute of limitations from the date of the accident. The attorney can take phone calls, report evidence, and protect your rights on the first day.
2. What if the other driver was not insured?
You can file through your uninsured/underinsured motorist coverage if you have any. Otherwise, other negligent parties, such as employers or owners, can be investigated by your lawyer.
3. Am I going to court?
Not necessarily. Most Houston auto accident cases are settled outside of court. Your attorney, however, should be willing to take your case to court if that is what it takes to obtain reasonable compensation for you.
4. What if I was the cause of the party?
Texas law provides for recovery if you were in some way at fault as long as it was less than 51%. You are penalized in proportion to your fault. Example: If you were 20% at fault, then you can’t recover 80% of your damages.
5. How much will a Houston personal injury lawyer cost me?
Hardly any work is done except on a contingency fee arrangement. You pay not a nickel out of pocket. The attorney’s fee is taken from your settlement or award. If he loses, then you owe him nothing.
Takeaway
Don’t go it alone against the insurance company if you are injured in a Houston car accident. You can obtain the services of an experienced Houston personal injury lawyer to handle your case and negotiate on your behalf for fair compensation and take you through the process with confidence. Don’t delay. Consult a Houston car accident lawyer today and protect your right to full compensation.
