If you were injured in a car accident that was not your fault, you may be wondering what to do next and whether you can receive compensation for your mounting medical expenses. It’s completely natural to feel overwhelmed by the situation and to have questions that need answers.
Can I Sue After a Car Accident?
The first thing you should know is that Texas law gives you a right to seek compensation from the liability party for costs such as medical bills, lost wages, and pain and suffering. Every driver on the road owes a “duty of care” to exercise caution and pay attention, and when they breach that duty of care and it results in someone else’s harm, they can be held legally liable for their negligence. The liable party may be a driver, that driver’s employer, or a different party whose negligence led to the accident.
You should also know that there is a two-year statute of limitations on filing a civil lawsuit for a car accident. The sooner you contact an attorney, the sooner they can begin gathering evidence and building your case.
What Kind of Financial Recovery Can I Expect?
Your recovery amount will depend on the severity of your injuries and the resulting economic and emotional burden. A more severe injury — for example, one that affects your ability to earn income and requires long-term treatment — will demand a larger settlement. Your attorney will help you arrive at an estimate that takes into account both your economic losses and your non-economic losses, such as pain and suffering.
What Do I Need to Do?
The hours and days after an accident are a crucial time for gathering evidence and documenting your case. These are the steps you can take immediately to strengthen your car accident injury claim.
First, seek medical care. Even if you’re unsure of the severity of your injury, you should get checked out by a medical professional as soon as possible. Doing so will create a record of your injury, which can be invaluable to your ability to seek damages. These records will support the claim that the accident caused your injury and that your injury was serious enough for you to require medical attention. If you do not visit a doctor after the accident, the other party’s insurer may use that fact to argue that you must not have been seriously injured or that your injury was not a direct result of the car accident.
Next, you’ll need to contact an attorney. The sooner you get in touch with a personal injury attorney, the sooner they can begin gathering time-sensitive evidence. Your attorney will visit the scene of the accident, review police reports, speak with witnesses, and even reconstruct the accident if necessary to understand the circumstances of the at-fault party’s negligence.
Finally, let your attorney handle communication with insurance adjusters. The liable party’s insurer may attempt to deny or minimize your claim by questioning the circumstances of the accident, or offer you a settlement that is less than you deserve. They may call you to ask what appear to be innocent questions, with the intent of getting you on the record with statements they can later use to try to disprove your claims.
Experienced personal injury attorneys are familiar with the tactics insurers use to shirk responsibility and deny claims. Even if you have already reported the accident to your insurance company, having an attorney on your side to help you navigate future conversations will protect your case and bring you peace of mind.
How Johnson Garcia Can Help
With 30 years of experience helping Texans who have been hurt in motor vehicle accidents, Johnson Garcia LLP aggressively litigates on our clients’ behalfs to fight for the compensation they are owed. We understand that enduring the ordeal of an auto accident can leave you feeling overwhelmed and unsure of your options. We are here to help you understand your rights and maximize your chance of receiving financial compensation.
We work on a contingency fee basis, meaning we only collect fees if we succeed in recovering damages in your car accident lawsuit. Our compassionate and capable lawyers are committed to helping you claim fair and just financial recovery from your accident so that you can move on with your life. Contact us today to schedule a completely free case evaluation.
