A car accident lawyer helps you develop your injury claim by establishing fault and determining your losses. Strong evidence and a well-thought-out approach are the foundation of receiving full compensation.
Richardson, Texas, has a busy flow of traffic along U.S. Highway 75 and several busy intersections. A Richardson auto accident lawyer is well aware of the laws concerning auto accidents and the insurance companies’ handling of injury claims.
In the state of Texas, the driver who caused the accident is liable for paying the damages. This means your lawyer has to establish liability before negotiations for settlement begin.
1. Investigating the Crash
Investigations are the foundation upon which every strong case is built, and it is crucial to begin the process immediately.
There are several pieces of evidence that attorneys collect, including:
- Police reports related to the accident
- Pictures of the vehicles and road conditions
- Accounts from witnesses
- Surveillance or traffic camera videos
- Black box data from the vehicles
Accident reconstruction experts may be consulted to analyze speed, impact, and braking, as necessary.
Texas has a modified comparative negligence rule. If you are more than 50% responsible for an accident, you cannot recover damages. If you are less than 50% responsible, you can recover damages, but the percentage of your fault reduces the damages.
2. Proving Negligence
To prevail on a claim, four elements need to be satisfied:
- The driver had a duty of care.
- The driver breached his duty of care.
- The breach of duty of care caused the crash.
- You suffered damages.
Some of the common causes of crashes in Richardson include speeding, distracted driving, improper lane change, and failure to yield.
3. Documenting Your Injuries
Insurance companies often challenge injury claims. Detailed medical evidence protects your case.
Lawyers collect:
- Emergency room records
- Diagnostic imaging results
- Physician notes
- Treatment plans
- Expert medical opinions
The Texas Department of Transport reports that thousands of serious injuries occur each year in Texas crashes. Many injuries require long-term treatment, which must be factored into your claim.
4. Calculating the Full Value of Damages
A lawyer thinks beyond current expenses. A good claim will take into account both financial and personal damages.
Damages that may be awarded include:
- Medical expenses, both past and future
- Loss of wages
- Loss of future earning capacity
- Damage to property
- Pain and suffering
- Loss of quality of life
In dire cases, damages can include permanent disability or disfigurement.
5. Negotiating With Insurance Companies
Insurance companies try to avoid making payments. Adjusters may try to prove that the injuries existed before the accident or that they are minor.
Your lawyer helps you compile a demand package, including evidence to support your claim.
If negotiations fail, a lawsuit demonstrates to the insurance company that you’re willing to seek full compensation in the courts.
Key Takeaways
To build a strong case in a car accident, there is a process to follow. This process makes your case stronger with every step. What you should know:
- Texas is a fault-based system, so liability must be established.
- Gathering evidence is crucial in the initial stages.
- You may be compensated if you are not 50% or more at fault.
- Medical records and expert opinions are helpful in establishing injuries.
- Total compensation includes future losses, not just current expenses.
- Insurance companies may attempt to deny or settle claims.
- Being well-prepared will increase the chances of full compensation.
An experienced attorney manages investigators, medical experts, and legal staff. This organized system makes the case stronger and increases the chances of a fair result.
