Lewisville Car Accident Lawyers
CALL (800) 863-5312 TO SPEAK WITH A LEWISVILLE CAR ACCIDENT LAWYER FOR FREE
To live life accident-free is impossible. There may be remedies available to victims of motor vehicle collisions. For instance, if you get involved in a car accident due to a negligent driver and suffer injuries that prevent you from going to work, you may seek compensation for your lost wages from the negligent driver’s insurance company.
If you or your loved one has been injured in a car accident, you may be entitled to compensation. Call Zinda Law Group at (800) 863-5312 for a free consultation with one of our Lewisville car accident lawyers.
WHAT TO DO AFTER A CAR ACCIDENT?
1. Seek Medical Attention
No matter how well you may feel after a car accident, be sure to go to the hospital or visit a doctor. In many car accident cases, victims do not immediately feel the full extent of their injuries because of the adrenaline that rushes into their bloodstream after the accident. Because the adrenaline masks their pain, these victims may not feel their injuries until weeks later. If such a victim decides to file a car accident claim against the driver responsible for their injuries once they start feeling pain, however, the driver’s insurance company will argue that the victim is lying or faking his or her injuries because the victim did not immediately go to the hospital to seek treatment. Do not put yourself into this predicament. Visit the doctor immediately after a car accident.
2. Document the Accident
When you file a car accident claim, you have the burden of proof to show that the other party was negligent. This means that you must present evidence that the negligent party was indeed negligent. To prove your case, you must substantiate your claim with evidence. Evidence can include documents like photographs, medical bills, witness statements.
Be sure to always document and retrieve evidence from the scene of the accident. The police will generally write a report of the accident. This report often determines who was at fault. Be sure to get the name, address, license number, plate number, and insurance information from all the drivers involved in the accident. Also, if a driver involved in the accident was driving for an employer at the time of the accident, you should obtain the name and contact information of the driver’s employer as well.
Witness testimony is often very important in car accident cases. If there were witnesses to the accident, you should also get the names and contact information of the witnesses. If any of the witnesses took photographs or video recordings of the accident, ask them for copies. If you have a camera at the scene of the accident, take some photographs of the scene.
3. Keep Receipts and Invoices
You should keep and document any costs that arise from the car accident. For instance, you should document any medical bills. If you cannot work, you should retrieve paystubs or other proof of income to show how much “lost wages” you incurred.
4. Notify Your Insurance Company
Regardless of whose fault the accident is, you should always contact your insurance company as your insurance company may be able to give you some relief. However, do not make the mistake of talking about who was at fault for the accident. If your insurance company asks for a recorded statement, politely refuse.
COMMON CAR ACCIDENT CAUSES
COMMON CAR ACCIDENT INJURIES
- Scrapes and Cuts
- Head Injuries
- Broken Bones
- Internal Bleeding
- Herniated Disc
MAKING A CAR ACCIDENT CLAIM
1. Call an Experienced Personal Injury Lawyer
Filing a Lewisville car accident lawsuit can be physically and mentally taxing. An experienced Lewisville lawyer may help you make the process of filing a claim less exhausting by taking some of the heaviest responsibilities off your shoulders.
Once you file a claim with a court, a judge may set a date for a trial but also order you into mediation, where the parties try to settle without going to trial.
If mediation fails to achieve an agreement between the parties, your case will move into the discovery or investigative phase. In this stage, collect all of the relevant documents and evidence necessary to file a claim. These include medical bills, witness statements, official reports, employment reports, etc. This stage is also where depositions will occur. Depositions are essentially interviews conducted by lawyers with people who have information pertinent to your case.
4. Case Settlement
Case settlement may occur at the mediation phase, but case settlement may also occur during the discovery/investigative stage. If an insurance company sends you an offer, be sure to discuss the offer with your lawyer. Do not simply accept the offer as your lawyer may be able to negotiate with the insurance company for a more favorable offer.
If after discovery, no settlement is reached, then your case will go to trial. There are two types of trials: bench and jury. Bench trials are trials where the judge will hear the evidence, apply the laws applicable in your case, and make a ruling. In jury trials, the judge plays a lesser role. Though the judge will set which laws are applicable, the jury will decide the outcome.
SOME TEXAS CAR ACCIDENT LAWS YOU SHOULD KEEP IN MIND
You should be aware that Texas requires its drivers to carry insurance that covers these minimum amounts:
- $30,000 per injured persons
- $60,000 per accident (for injuries)
- $25,000 per accident (for property damage)
You should also be aware that Texas courts use what is called a modified comparative fault rule when it determines how much compensation a victim may be entitled to. This rule states that if an injured victim was 51% or more at fault for an accident, then he or she is barred from recovery.
However, if the victim is found to be 50% or less at fault for the accident, his or her compensation will be reduced by the percentage of fault. For instance, if the jury awarded you $100,000 in compensation but also found that you were 50% at fault, then the actual amount of compensation you may be entitled to would be $50,000.
Texas also requires drivers and passengers to wear seatbelts while in a vehicle. If a police officer catches you without a seatbelt, then you may be liable for a fine up to $250. However, not only must you wear a seatbelt, but also any passengers as well. If an officer finds that a passenger in your vehicle is not wearing a seatbelt, you may be liable for a fine as well. If your passenger is an unbelted child, then a heavy fine may be imposed and you may even have criminal liability. Not wearing a seatbelt is an example of how you may be partially at fault for your own injuries by failing to take basic precautions.
CAR ACCIDENT COMPENSATION
Subject to the comparative fault rule discussed above, a successful plaintiff may recover for economic losses and non-economic losses. Economic losses tend to deal with tangible or objective losses such as the loss of a paycheck, while non-economic losses tend to deal with non-tangible or subjective losses such as pain and suffering. Compensation may be provided for both past and future losses.
STATUTE OF LIMITATIONS
In Texas, any civil action for a personal injury must be filed within two years of the accident. In other words, if you were involved in a wreck, you have two years from the date of your accident to file a claim.
It is important to speak with an attorney to understand more about the legal time limits on your case because in some cases you may be able to file a claim even after the time limit has expired.
Will Not Having Worn a Seatbelt Affect My Claim?
Texas’s modified comparative rule does not mean that if you were partially at fault for an accident, you are completely ineligible for compensation. Even if your failure to wear a seatbelt led to more serious injuries than had you worn a seatbelt, there are many factors that could show that you were not 51% or more at fault. For instance, if a semi-truck hits your car directly, it is unlikely that wearing a seatbelt would have made an extreme difference in your injuries. In those cases, an experienced lawyer may be able to show that you were less than 51% at fault and thus entitled to compensation.
How Much Does a Lawyer Charge After a Car Accident?
How much a lawyer may charge you for his or her services depends on a variety of factors. For instance, if your car accident involved multiple parties, then you may likely pay more than if your car accident involved just your vehicle and one other vehicle. At Zinda Law Group, we guarantee that you don’t pay us anything unless we win your case.
How Much Do You Get for Pain and Suffering in a Car Accident?
Again, how much money you may be entitled to for pain and suffering depends on a variety of factors, such as whether your injury will cause permanent or temporary paralysis. An experienced attorney may help you determine the value of your case and make sure you are not settling for less than it’s worth.
CONTACT A LEWISVILLE CAR ACCIDENT LAWYER
The experienced Lewisville attorneys at Zinda Law Group may be able to help you. We’ve helped many car accident victims get their lives back on track. After an accident, you shouldn’t have to worry about affording legal representation, which is why you don’t owe us anything unless we win your case. That’s our No Win, No Fee Guarantee.
Meetings with attorneys by appointment only.