The consequences of car accidents can range from mild vehicle damage to life-threatening injuries, and even death. Still, many drivers continue to commit negligent actions on the road every day that result in collisions. If the actions of a careless driver in Richardson, Texas, led to your injuries, the law permits you to seek damages.
Whether you plan to settle out of court or head to trial, a Richardson car accident lawyer from Underwood Law Office may be able to take over your case and defend your rights. Reach out to Underwood Law Office now to schedule your complimentary case review with a member of our team. Call (972) 535-6377.
When it comes to seeking compensation after a car accident, you may have options. You may be able to recover damages from your collision through a liability insurance claim with the other driver’s insurer. This could allow you to avoid going to court, but only if you are able to come to an agreement on a reasonable settlement.
If you do not reach a fair settlement, you can file a lawsuit instead. Texas, like every state, has specific statutes regarding who qualifies for compensation and the amount of time available to file a personal injury lawsuit. Each option has its own challenges, but a personal injury lawyer may be able to assist you with both.
The general method for pursuing damages after a car accident is to file an insurance claim. In Texas, you must file this claim with the negligent driver’s insurance company. Texas law requires drivers to purchase liability coverage in order to operate motor vehicles.
Liability policies cover the injuries and damages of another driver if the policyholder is at fault for the accident. According to the Texas Department of Insurance (TDI), the minimum amount of coverage drivers must carry includes:
While these amounts may sound reasonable, your expenses may be much higher, depending on the severity of the accident and the type of injuries you suffered. If you are unable to secure a fair settlement with the other driver’s insurance company, you may wish to file a lawsuit to pursue further damages.
The most important factor to note about filing a personal injury lawsuit is that you have limited time to do so. Texas Civil Practice and Remedies Code § 16.003 outlines a strict statute of limitations regarding any type of personal injury lawsuit, including those involving car accidents.
Generally, you only have two years from the date of the collision in order to proceed with a lawsuit. That includes any time spent attempting to settle out of court. If this deadline passes, you forfeit your right to seek damages for that case via a lawsuit.
Whether you want to settle out of court or file a lawsuit, you will need to build your case. The first step is to visit a doctor if you have not already done so. A doctor can treat your injuries and create a link in your medical record between the accident and your injuries that may be used as evidence in your case.
Next, you will want to gather evidence that proves the other driver’s negligence caused the accident, leading to your injuries. This might include traffic camera footage or eyewitness testimony regarding the driver’s actions leading up to the collision, along with the police report.
You may wish to produce evidence of the value of your damages as well. These may include:
Due to the statute of limitations and your own recovery, it may be difficult to handle all the components of a personal injury lawsuit on your own. A Richardson car accident lawyer from Underwood Law Office can take over these tasks when we represent you.
For a free consultation on your case with a member of our team, call us today at (972) 535-6377.
Another important aspect of a Texas car accident case is the proportionate responsibility law, Texas Civil Practice and Remedies Code § 33.001. As a modified comparative negligence state, Texas takes each driver’s level of negligence into account when determining eligibility for damages.
You may be able to receive compensation in Texas, even if you are partially to blame for the collision. The court will reduce your award based on your level of negligence. If you played no part in causing the collision, you may be able to receive full compensation for your injuries. However, if you are more than 50 percent at fault, you may be barred from recovering any amount of compensation.
This can make the evidence of liability you collect even more important for the outcome of your case.
A Richardson car accident lawyer from Underwood Law Office can fulfill several different duties when it comes to personal injury cases. Namely, they can act as your legal representative, negotiating with the other driver’s insurance company or defense team, as well as communicating with the judge and jury.
We handle personal injury cases on a contingency-fee-basis. This means there is nothing due upfront, and our clients do not pay our attorney fees unless and until they recover compensation via a settlement offer or court award.
For a free consultation on your case with a representative of our team, call Underwood Law Office today at (972) 535-6377.