Unlike the small handful of states with no-fault insurance laws, in Texas, it matters who causes a car accident. Texas operates under a modified comparative negligence system, assigning “proportionate responsibility” to all those who contributed to the cause or severity of the accident. For this reason, car accident claims in Texas can quickly become complex.
The responsible driver’s insurance company has an incentive to reduce the amount they pay out on a car accident claim by assigning an undue percentage of fault to an injury victim with extensive damages. A La Porte car accident lawyer defends their client’s best interests throughout every step of the car accident claim process. Contact us at (281) 422-0505.
Gathering Evidence of Liability in a Texas Car Accident Claim
After an accident, an injury victim may be able to document evidence while awaiting emergency services. Many car accident victims use their phones to take photos of the damaged vehicles and the accident scene. They can also add the contact information of the other driver and any eyewitnesses.
If a car or truck accident victim is unconscious or incapacitated by their injuries, their attorney gathers evidence of liability by examining the police report, requesting traffic camera, dashcam, or security camera images, and consulting with accident reconstruction specialists. This helps them make a compelling evidence-backed claim proving the responsible driver’s liability.
Calculating the Damages In a Car Accident Case In Texas
Besides evidence of liability, a successful car accident claim requires proof of the injury victim’s economic and non-economic damages from the accident. The attorney reviews the medical records, totals medical bills and out-of-pocket costs, and adds up past and future income loss related to the injury.
Then, they use the total medical expenses and the assistance of medical experts to determine an amount of compensation for their client’s pain and suffering.
Negotiating With the Insurance Company
A Texas car accident lawyer handles all communication with the insurance company throughout the process of the claim. After investigating liability and medical expenses, the attorney sends their findings to the appropriate insurance company in a demand package and files the claim.
Then, the attorney represents the client’s best interests throughout negotiations with the insurance adjuster by assertively seeking the maximum compensation available under the at-fault party’s insurance policy.
If the injury victim’s damages far exceed the limits of the responsible party’s insurance, the attorney pursues other avenues for compensation, such as from the injury victim’s uninsured/underinsured motorist policy, or from any other entities that contributed to the injuries, such as a negligent road maintenance agency, or the manufacturer of a defective seatbelt.
Obtaining a Settlement or Going to Court
Over 93% of Texas car accident claims handled by a skilled car accident attorney in La Porte end with a settlement from the insurance company. However, if the insurance company undervalues or wrongfully denies the claim, the La Porte personal injury attorney files a lawsuit petition within the state’s two-year statute of limitations and takes the case to court, seeking a jury award for their client’s damages.
How Can a Texas Car Accident Lawyer Help?
Instead of taking on a challenging legal process alone or leaving your case in the hands of an insurance company that’s not on your side, you can avoid the daunting process and focus instead on physical and emotional healing. Call Linebaugh Dority & Associates, LLP for representation by a law firm dedicated to advocating for your full and fair compensation.