If you sustained injuries in a car accident, you may be entitled to a recovery for your medical expenses, lost wages, pain and suffering, and other expenses and losses related to the crash. There are two main options for getting compensated for a car accident injury in Texas: an insurance claim or a lawsuit.
Your Options to Recover for Your Injuries
The type of claim you file will depend on the circumstances of the accident. The process includes the following:
1. File an Insurance Claim
You may file a claim against the insurance company responsible party’s insurance company to recover your losses. Here are a few the steps involved:
- File the Claim: You report the accident and your injuries and initiate a claim with the at-fault party’s insurance company.
- Demand Package: You present all of the medical bills and documents that illustrate your injuries, wage loss, and other related expenses.
- Negotiate Settlement: You negotiate a settlement with the claims adjuster if the insurance company rejects your claim or you reject the initial offer. Negotiations can last several rounds.
- Settle: You and the insurance company reach a settlement. The insurance compensates you for the amount upon which both parties agreed.
2. File a Lawsuit
If you are unable to settle with the insurance company, you may file a lawsuit to pursue recovery in court. Here are a few of the steps involved:
- File the Lawsuit: You fill out a formal complaint and file it with the court.
- Complaint/Answer: The insurance company or liable party will fill out a formal document and deny or admit the allegations, line-by-line as requested in the complaint.
- Discovery: Both sides gather evidence from the other party.
- Motions: You or the liable party asks for a ruling on a particular matter in the case. If the ruling on the motion ends the dispute, the case settles before trial.
- Mediation: A mediator attempts to help both parties to compromise and resolve their differences. If both parties agree, the case settles without going to trial.
- Trial: A jury examines the evidence to decide if the defendant is liable for your damages.
Types of Car Accidents for Which We May Be Able to Help You File a Claim
Our car accident attorneys may be able to help if you were involved in a car accident in Texas and suffered injuries. Some of the types of car accidents with which we may be able to help include:
If you or a loved one suffered injuries in a car accident, call the team at D. Miller & Associates, PLLC for help. We can identify any liable parties and attempt to hold them liable.
A Car Accident Attorney Can Fight for Your Recovery
We may be able to help with your car accident case in the following ways:
Determine a Value for Your Claim
Once we investigate your case, we can determine the value of your damages. This gives us a starting point for negotiations.
File Your Insurance Claim
A car accident lawyer can help you file claims, retrieve documents, communicate with insurance companies, and manage the personal injury claims process.
Compile Evidence of Liability and Case Value
Our team may seek the following evidence to help us establish fault and liability as well as the value of your damages:
- Accident report
- Photos or video of the accident scene
- Any testimony from witnesses of the accident
- Medical records and bills
- Proof of lost wages, e.g., pay stubs and W-2s
- Expert witness testimony
Secure Testimony from Experts
A medical expert or accident reconstruction expert can testify about how your accident occurred or how your injuries will continue to affect you over the rest of your life.
Work Out a Fair Settlement
We may be able to negotiate a settlement with the at-fault party’s insurance company by presenting evidence of fault and liability.
Take Your Case to Court
If we are unable to reach a fair settlement with the insurance company, we may file a lawsuit to pursue recovery in court.
You Have a Limited Time to Recover
Under Texas’ statute of limitations, you have only two years from the date of the accident to file a lawsuit. If you fail to do so within this time, you may be unable to recover.
Seek Legal Help Recovering Damages in a Car Accident
Related Frequently Asked Questions
- Should You Ever Accept the Insurance Company’s First Offer After an Accident?
- How Do You Know If Your Injuries Are Serious Enough to Contact a Lawyer?
- How Do Bicycle Laws Affect Personal Injury Cases in Texas?
- What Are Damages and Why Do Personal Injury Lawyers Fight to Recover Them?
- What if You Have Trouble Paying Medical Bills After a Serious Car Accident?