Car accidents are an unfortunate reality in Texas, where high speeds and big trucks combine to create one of the most dangerous roadway systems in the country. Because of these things, even minor car accidents in Texas often lead to serious injuries, financial hardship, and emotional distress.
If you’ve been injured due to someone else’s negligence, you should know that you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering — but navigating the legal system can be challenging, especially when dealing with insurance companies that aim to minimize payouts.
Understanding the legal framework and knowing what damages you can recover for common car accident injuries before hiring a car accident lawyer can help lead to a successful claim. The claim process involves negotiating with insurers, gathering evidence, and potentially filing a lawsuit under Texas car accident law. If you’ve been injured in a car accident and are unsure how to proceed, consulting an experienced personal injury attorney can make all the difference. Guzman Law Firm is here to help you fight for the compensation you deserve.
Types of damages in car accident cases
In Texas, car accident victims may recover different types of damages depending on the severity of their injuries and the impact on their lives. What are the damages in a personal injury claim? The two primary types of damages are as follows:
1. Compensatory damages
These damages are meant to reimburse the victim for losses incurred due to the accident. They fall into two categories:
- Economic damages: Tangible losses such as medical expenses, lost wages, property damage, and rehabilitation costs.
- Non-economic damages: Intangible losses like pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
2. Punitive damages
Punitive damages, also known as exemplary damages, are not meant to compensate the victim but rather to punish the at-fault party for gross negligence or intentional misconduct. Under Texas Civil Practice & Remedies Code §41.003, punitive damages are awarded in cases where the defendant’s actions were particularly reckless, such as with road rage or drunk driving criminal cases.
Comparative negligence rule
Texas follows a modified comparative negligence rule under Texas Civil Practice & Remedies Code §33.001, which means that if the injured party is found partially at fault, their compensation will be reduced by their percentage of fault. If they are more than 50% responsible, they are barred from recovering damages.
Understanding the types of damages and how fault is assigned in personal injury cases in Texas is essential to building a strong case and maximizing compensation. A personal injury attorney can help ensure that all potential damages are properly accounted for in your claim.
Common car accident injuries
Car accidents can result in a wide range of injuries, from minor bruises to life-altering conditions. Some of the most common car accident injuries include:
- Whiplash and soft tissue injuries: Whiplash occurs when the head is suddenly jerked forward and backward, causing strain to the neck and upper spine. These injuries are common in rear-end collisions and can lead to chronic pain and reduced mobility.
- Traumatic brain injuries (TBI): Head trauma from car accidents can lead to concussions or severe brain injuries, impacting cognitive function, memory, and emotional stability. According to the Centers for Disease Control and Prevention (CDC), which reports on the latest injuries from car accident statistics, motor vehicle crashes are a leading cause of TBIs.
- Broken bones and fractures: High-impact crashes can cause broken ribs, legs, arms, and other fractures, often requiring surgeries and long-term rehabilitation.
- Spinal cord injuries and paralysis: Serious crashes can damage the spinal cord, potentially resulting in partial or complete paralysis. These injuries often lead to lifelong medical care and costly treatments.
- Internal injuries: Blunt force trauma from car accidents can cause internal bleeding or organ damage, which may not be immediately apparent but can be life-threatening if left untreated.
Pursuing damages for these injuries requires substantial evidence, medical documentation, and legal expertise. Insurance companies often dispute claims or minimize settlements, making legal representation essential.
How a Texas personal injury attorney can help
Navigating a personal injury claim can be overwhelming, particularly when dealing with insurers who prioritize their bottom line. A Texas personal injury attorney can provide necessary support by:
1. Investigating the accident
A lawyer will gather evidence, such as police reports, witness statements, surveillance footage, and expert testimony, to establish fault and liability. They can also get you in contact with expert witnesses such as accident reconstructionists, medical professionals, or industry specialists who can provide technical analysis that strengthens your case and explains complex issues to judges and juries.
2. Calculating the full extent of damages
Attorneys assess both economic and non-economic damages to ensure that victims receive adequate compensation for their medical bills, future care costs, lost wages, and pain and suffering. They can also help you accurately project long-term expenses and losses, preventing insurance companies from undervaluing your claim with quick, insufficient settlement offers.
3. Negotiating with insurance companies
Insurance adjusters are skilled at reducing payouts. A lawyer can handle communications and negotiations, protecting your interests and advocating for a fair settlement. They understand common tactics used by insurers, such as delaying claims, offering lowball settlements, or disputing liability.
By leveraging evidence and legal knowledge, a Laredo personal injury attorney can counter these strategies and push for maximum compensation. Additionally, they can evaluate whether settlement offers are fair and advise you on whether to accept, counter, or proceed to litigation if necessary.
4. Filing a lawsuit if necessary
If negotiations fail, an attorney can file a lawsuit and represent you in court, presenting a compelling case based on Texas personal injury laws. They will handle all procedural requirements, meet critical filing deadlines, prepare and respond to discovery requests, conduct depositions, and develop effective trial strategies tailored to your specific circumstances and the applicable Texas statutes.
5. Ensuring compliance with legal deadlines
Texas generally has a two-year statute of limitations for filing personal injury claims under Texas Civil Practice & Remedies Code §16.003. Failing to file within this timeframe can result in losing your right to compensation. Your attorney will also identify and track all applicable deadlines, including notice requirements for claims against government entities which can be as short as six months, and ensure all necessary documentation is properly filed to preserve your legal rights throughout every stage of the process.
With the right legal representation, you can focus on recovery while your attorney handles your claim.
Continue reading about the statute of limitations in Texas
Injured in a car accident? Let Guzman Law Firm take the wheel.
If you or a loved one has been injured in a car accident, the Guzman Law Firm is ready to fight for your rights. We understand the complex legal framework surrounding common car accident injuries, and are committed to securing the compensation you deserve.
Led by Attorney Javier Guzman, Guzman Law Firm has established ourselves as a formidable advocate for those injured in Texas. Our track record of successful settlements and verdicts demonstrates our unwavering commitment to client advocacy and our personalized approach ensures that each client receives individualized attention, regular case updates, and strategic representation tailored to their specific circumstances.
Don’t let insurance companies dictate the outcome of your case. Contact Guzman Law Firm for a free consultation, and let us take the wheel in your pursuit of justice. Call now at (956) 516-7198 to discuss your legal options and take the first step toward financial recovery.
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