Did you know there has been a 24% increase in fatal car accidents in Houston? Those who walk away from the accident with injuries have the right to receive compensation for their injuries.
If you’ve recently suffered injuries in an auto accident, you may want to consider speaking with a car accident lawyer. When you work with an attorney, they can help you navigate the complexities of a claim, so you get the best settlement possible.
Why else should you hire a car accident lawyer, and what are the settlement amounts you can look forward to? Please continue reading below to find out! This brief article will cover what you need to know about car accident compensation in Houston and who you can contact for more information.
What You Need To Know About Car Accident Settlements
Car accident victims who sustain injuries in an auto accident have the right to total and fair compensation for their damages. Many victims use attorneys to receive compensation for their injuries and property damages.
Most of these people receive their compensation through the insurance company without the need for litigation. As a victim of someone else’s negligence, you should receive a settlement offer that is fair and provides you without coverage for your medical bills and other financial obligations.
Car Accident Settlements in Texas
There is no definite amount for how much you can receive in a car accident settlement because each case is different. You can claim two main types of damages in an auto accident: economic and non-economic damages.
What Are Economic Damages?
Economic damages is an award you can receive to replace any monetary losses related to your car accident. These damages are easier to calculate because they have a specific number assigned to them. For example, medical bills and lost wages are a form of economic damage you can receive.
Additional types of economic damages:
- Lost earning capacity
- Medical treatment costs
- Rehabilitation
- Property damage
- Medication
If you have to pay for any out-of-pocket expenses related to your accident, ensure you hold on to those receipts.
What Are Non-economic Damages?
Non-economic damages are a form of compensation for any intangible losses. Non-economic damages are a bit harder to calculate because they are for intangible losses.
For example, you can claim pain and suffering, loss of enjoyment of life, and damage to your reputation. If you suffer any mental anguish from the accident or you develop anxiety or depression as a result of the incident, your attorney will do their best to claim that for you as well.
It is very important to note that you have to prove these losses with an auto accident before the insurance company will pay for anything. To ensure you receive the compensation you need for your losses, your attorney will get testimonies, documents, and expert witness statements to prove your case.
Factors That Affect Your Car Accident Claim
Auto insurance claims are time-sensitive, and they require a lot of documentation in order to move forward. There are additional factors that can affect the validity of your claim.
Negligence
One of the most significant factors that could diminish your claim is your negligence in the accident. In Texas, if you are more than 50% responsible for the accident, you won’t be able to claim any damages for the accident. If you are 50% or less, you can claim 50% or less of your damages.
You mainly see comparative negligence in parking lot accidents where one party is backing up, and another person is backing from their spot as well. If both parties claim they were backing up and did not see one another, an auto insurance company may place liability on both parties.
If you believe that you are 100% not at fault for your accident, you must prove that to the insurance company. You can do this with police reports, witness statements, and additional evidence.
Speaking With the Insurance Company
It is important to note that if you decide that you wish to retain counsel, it is best to do so before you speak with the auto insurance company. You want to ensure that you clearly tell the insurance company what happened in the accident so there is no question about your negligence.
Some auto insurance adjusters use specific tactics when they speak with you about what happened in the accident. This includes asking you questions to try to trip you up to say something you don’t mean.
It is best to instead let your legal counsel handle telling your version about what happened in the accident. The attorney will take care of your statement, providing witness statements and additional evidence to prove your innocence.
Proving Liability
As mentioned earlier, you must prove that you aren’t at fault for the accident. To do this, you must provide evidence to show your side of what happened. If you cannot prove what happened, the auto insurance company may side with their insured and deny liability for the accident.
To prove liability, there are three elements your case must prove: duty of care, breach of duty, and injuries. Let’s say you were in an accident with another driver who changed lanes and hit your vehicle.
First, we must prove there is a duty of care. This means that a driver must exercise caution when driving by paying attention to the rules of the road and being aware of other drivers on the road. If that driver changes lanes without a signal and does not look when they move their vehicle, causing damages to your vehicle, this is a breach of duty.
The driver had the duty to pay attention to the road and ensure that it was clear before changing lanes. If the accident caused your injuries, that satisfies the third element. Car accident attorneys know what needs to be proven to show that the other driver should be responsible for your injuries and damages.
Should I Hire a Car Accident Lawyer?
You should consider hiring a car accident lawyer if you’ve sustained injuries from an auto accident. Although you don’t need a lawyer to handle your car accident claim, you have a better chance of receiving the compensation you need with a car accident lawyer.
When you work with a reputable attorney, they will handle the entire claims process on your behalf. This includes negotiating the proper settlement for you and speaking with the adjuster on your behalf.
Benefits of a Car Accident Lawyer in Houston Texas
One of the most significant benefits of hiring a car accident lawyer in Houston is knowing that you have a legal representative at your side. These professionals are well-versed in personal injury law and the many different laws that surround your case. They also are aware of the different damages you can claim in your case, as each claim is unique.
Protects Your Interests
As mentioned earlier, some auto insurance adjusters try to twist your words when you speak with them about what happened in the accident. These adjusters are also trained to offer you the lowest settlement possible to save their company money.
This is unfair to many accident victims as they prey on your and make it seem like the offer is fair. An attorney will look over the facts of your case and ensure that you receive the proper compensation you deserve.
Represents You in Court
Although most attorneys handle their negotiations without the need to court, there is a chance your case may go to court, especially if it is complex. If your case goes to trial, you want to ensure that you have a reputable attorney with trial experience.
This is very important because your attorney needs to know how to work the courtroom, work against the other attorney, and understand how the judge rules in your jurisdiction. Unless you have years of experience in court, it is best to leave the job to the professionals so they can handle it timely and with your best interest in mind.
Best Car Accident Lawyer
Choosing the best car accident lawyer to represent you in your auto accident claim is vital. Not only does it affect how much you win in a settlement, but it also allows you to have a trusted advisor on your side.
No one knows the law better than an attorney; they have years of experience getting their clients the compensation they need to care for themselves and their families. If you sustained injuries in an auto accident and you want to learn more about your legal options, contact us. We are here to answer any questions or concerns you may have.