An accident can bring along more consequences than merely causing vehicle damage. Injuries can require immediate medical assistance and lead to further difficulties associated with Texas car accident claims.
“As important as your safety and well-being are following an accident, the choices you make right away have major implications for your claims process,” warns Felix Gonzalez, an experienced lawyer at Felix Gonzalez Accident and Injury Law Firm.
The following guide will provide a detailed insight into how the car accident claims process works in Texas.
Texas follows a fault-based system for car accidents. This means the at-fault party may be held responsible for damages caused by the accident, usually through liability insurance.
Establishing negligence involves investigating a variety of different factors. Police reports, traffic tickets, and statements provided by witnesses may have significance when resolving a claim. However, a police report or traffic citation does not necessarily make the final determination about civil liability.
The Lone Star State follows a modified comparative-responsibility rule. Under Texas Civil Practice and Remedies Code § 33.001, you cannot recover compensation if you are more than 50% responsible for an accident. If you are 50% or less responsible, your compensation may be reduced according to your percentage of responsibility. Therefore, assessing your level of negligence is crucial.
The first thing you generally need to prove during the claims process is negligence. In other words, you need to show that the other party owed a duty of care, violated that duty through careless actions, and proximately caused the accident and your resulting damages.
Evidence is crucial when trying to establish negligence in court. Any relevant information regarding an accident can help prove your case and support your position before an insurer, judge, or jury. Understanding how fault is determined after a car accident can help explain why several different forms of evidence may be needed.
As an example, distraction can be proved with the help of phone records obtained through appropriate legal procedures or statements given by witnesses. Providing enough relevant documentation may be beneficial for your claim.
Insurance companies are key stakeholders in the claims process. After receiving your documentation, they assess liability and come up with an offer based on their valuation.
Insurance companies evaluate claims under the applicable policy while also protecting their financial interests. As a result, an initial compensation offer may seem insufficient if it fails to account for long-term medical treatment, lost income, or other effects of the accident.
Knowing this can help you react appropriately when negotiating a settlement. Working with your lawyer may help ensure that the negotiations are not one-sided. Avoiding common car accident claim mistakes can also help protect your position during the insurance process.
The two main categories of compensatory damages available in Texas car accident claims are economic and non-economic damages. Economic damages refer to actual financial losses suffered as a result of the incident. Medical expenses, treatment costs, lost earnings, property damage, and similar items fall under this category. Relevant documentation can help establish the amount of these losses.
Non-economic losses pertain to more intangible forms of suffering. Physical pain, mental anguish, physical impairment, disfigurement, or a decrease in quality of life may be taken into consideration when supported by the evidence.
Future damages are sometimes sought when an injury causes lasting issues. This may relate to long-term medical expenses or a permanently diminished earning capacity, for instance. Understanding how compensation is calculated in serious accident cases can help explain the importance of medical, employment, and financial documentation.
It all starts with reporting the accident and receiving appropriate medical treatment afterward. The documentation that you accumulate at the very beginning may serve as important evidence later in the process.
Once you file the initial claim, the process usually continues with negotiating the amount of your compensation. Multiple rounds of communication are possible in some situations.
When an acceptable offer is not available, filing a lawsuit may be an option. Under Texas Civil Practice and Remedies Code § 16.003, most personal injury and property damage lawsuits must generally be filed within two years after the claim accrues. Exceptions and earlier notice requirements may apply in certain cases, including some claims involving government vehicles or governmental entities.
The litigation and trial process may take months or longer, depending on the circumstances, the court’s schedule, and the complexity of the case.
In Texas, filing a claim for a car accident involves more than just submitting paperwork and waiting for a response. Moving forward requires hard work and diligence, but you also need to be aware of your rights.
If you were in a car accident, it may be useful to seek the advice of a lawyer promptly. Professional assistance can help you understand your insurance coverage, preserve evidence, meet filing deadlines, and present a properly supported claim. However, no attorney can guarantee a particular result or amount of compensation.
The post How to File Car Accident Claims and What Your Legal Rights Are appeared first on Gauge Magazine.
