How Do I Find The Best Auto Accident Attorney in Austin?
Being involved in a car accident is one of the most traumatic experiences that you may face. Due to their very nature, auto accidents often involve serious injuries, including broken bones, traumatic brain injuries, lost limbs, and spinal damage. Some of these injuries, in particular any injuries to the brain or spine, may never heal, leaving the victim with life-long injuries that seriously affect their quality of life.
If you have been involved in an auto accident and you have been injured because of the negligence of another party, you may be uncertain of your next steps. You may have never been involved in an accident before, and you may have never required representation from an auto accident attorney. This could leave you feeling overwhelmed and uncertain of your next move.
Here at Chris Morrow Law, PLLC, our personal injury attorneys handle auto accident cases on a daily basis. As the most common form of personal injury in the United States, many of our clients come to us after an auto accident. Our team has worked with countless clients, securing numerous favorable outcomes over a long history of successful cases.
Once you get in touch with our Austin auto accident lawyer, we can get to work right away. Assigning liability in an auto accident is a little bit easier than many other forms of personal injury cases due to the fact that every road user assumes a duty of care to the other users of the road. This means every accident usually involves at least one negligent party.
If you have been injured due to the negligence of another party in Texas, you are entitled to recover all of the damages that you have suffered as a result of the accident, and you may be able to pursue compensation for the pain and suffering that you have been through. This is where your Austin auto accident attorney will prove invaluable.
Call us at 512-520-8100 to discuss your auto accident claim today.
Chris Morrow Law, PLLC – Advocacy From The Attorney That Works in Austin, TX
Every single year at Chris Morrow Law, PLLC, we handle a huge number of cases involving Austin auto accidents, and this means that we have a vast wealth of experience to draw upon. This experience comes from winning cases similar to yours and allows us to tailor a strategy that is robust and malleable.
The injuries sustained in an auto accident can be serious, and as your auto accident lawyer in Austin, we are prepared to fight aggressively to ensure that you are compensated for the pain and trauma you have been subjected to.
Our Goal – To Provide a Reliable Austin Auto Accident Lawyer to All Victims
Personal injury law was put in place to allow the victims of accidents to pursue compensation and to recover the damages that they have suffered as a result of the injuries the accident caused.
Unfortunately, every single year, victims forgo representation when pursuing compensation out of the misconception that they cannot afford a lawyer’s fees, or out of fear that they will be left with huge bills they cannot pay if they lose their case.
One of our goals here at Chris Morrow Law, PLLC is to ensure that all victims have the opportunity to pursue the compensation that may be on offer to them, without fear of consequences.
To allow us to do this, we work on a contingency fee basis, which means we take no-upfront fees to represent our clients. We simply take a flat percentage of any settlement we win. If we cannot win your case, we won’t charge you a penny.
If you are still uncertain, we offer all potential clients a free initial consultation and case evaluation. This opens up a space for you to ask questions and allows us to evaluate your case. At this stage, there are no obligations, and if you choose to walk away, you are free to do so. We are happy that you are doing so with more information and advice than you began with.
If we believe your case is worth pursuing and you wish to proceed, we can begin right away, employing the vast resources at our command to the investigation of what happened.
How Do I Find The Best Austin Auto Accident Lawyer?
When it comes to something as important as your legal representation, it is always worth taking the extra time to research thoroughly. If you are uncertain of where to begin, we recommend starting with AVVO, an independent review site that places a rating on all attorneys based on their victories, years of service, peer reviews, accreditations, and accolades. As this is independent, you can get a true feel for the skills of an attorney.
For example, Chris Morrow, our founding auto accident attorney, has an AVVO rating of 9.0/10 with an average client review of 5 stars out of 5.
Once you have narrowed down your choices to the most capable attorneys in Austin, you might want to arrange an initial consultation with your top choices. Prepare a list of questions you want answered, questions that will allow you to judge whether or not they are the right choice, such as:
Past Victories
The most important thing to look for in any potential representation is their track record for winning cases that are similar to yours. The more victories they have under their belt, the better equipped they will be to handle your case.
Availability
Even if your attorney is highly skilled and experienced, they may have a caseload that means they are too busy to assign your case the time it deserves. You should ask your potential Austin auto accident lawyer how busy their current caseload is and how they plan to allocate you and your case the time it warrants.
Personality
It can be easy to overlook the importance of your attorney’s personality. You may be dealing with them for several years to come, and this means you need to make sure that you get along as you will be spending a lot of time with them or talking to them.
What Damages Are Recoverable In an Austin Auto Accident Lawsuit
When it comes to the tasks that your personal injury lawyers will carry out on your behalf, perhaps the most important, besides proving the other party was liable, is the calculation of your damages. Working out what damages you have suffered as a result of the injury and working out how much suffering you have been through is what gives your auto accident lawyer a figure to negotiate with when it comes to settlement negotiations.
The better they are at calculating your damages for your car accident injuries, the harder your damages will be to argue with and the more likely it will be that the other party accepts your settlement demand. Even if they disagree and do not accept your offer, it makes it more likely that you will be awarded them in court if they are calculated in a way that is fair and reasonable.
Two Types Of Damages
There are two categories of damages that your attorney will consider following your accident, the first is the economic damages that your injuries have led you to suffer. Economic damages have a clear figure attached, making them easy to document and evidence.
Your non-economic damages are not so easy. They are always subjective, meaning they will be up to interpretation, and your attorney will need to decide what they are worth. This is where experience in previous cases similar to yours is important. The more cases they have under their belt, the more accurate they will be at placing a figure to these subjective damages.
One common method for calculating your non-economic damages is to decide how severe your pain and suffering was on a scale of 1-5. Your auto accident lawyer will then multiply the value of your total economic damages by the number on that scale.
Here are some of the non-economic and economic damages you should make yourself aware of:
Claiming for Medical Bills in Austin, TX
Even for those that are lucky enough to have premium car insurance policies and health insurance, it can be surprising how quickly the coverage offered by these policies can be exceeded when the injuries involved are serious.
Auto accidents, in particular, have the potential to cause injuries that require complex surgeries and treatment to put right.
In a successful case, your attorney will be able to recover all of your medical bills and expenses. They will recover all of the costs you have already suffered and will often work with medical expert witnesses to understand what your long-term treatment may cost so they can pursue a figure that allows you to undergo the treatment you need in the long term.
We recommend keeping a daily diary of the treatment you are receiving. In this diary, note down your pain levels and mood, as they will help your Austin auto accident lawyer when it comes to considering how bad your pain and suffering was.
Claiming for Income Lost Wages/Income in Austin, TX
Serious injuries will usually require time off work for treatment and recovery. Unfortunately, for many workers in Texas, this is going to mean missing out on wages and potential earnings.
In the most serious cases, the victim may suffer injuries that mean they will never be able to return to work. If this is the case, your Austin auto accident attorney may need to bring in financial experts who can help them calculate what a lifetime of lost earning potential may cost you.
Claiming for Pain and Suffering in Austin, TX
In most auto accident claims and other auto accidents, the most substantial damages awarded in a successful case are the pain and suffering damages. These are non-economic, meaning it will be down to your attorney to decide what they believe them to be worth.
Pain and suffering damages should compensate you for the severity of the pain you have been through, as well as the emotional trauma that you have been subjected to as a result of the accident.
Pain and suffering may also cover you for what is known as loss of enjoyment. If you can no longer take part in the same hobbies and activities that you did before, such as playing catch with your son or riding your motorcycle on the weekends, you deserve to be compensated for your losses.
Claiming for Property Damage in Austin, TX
Following any auto accident, there is a good chance that your car or vehicle was damaged in the crash. If your car needs replacing or repairing, it should not be down to you to foot the costs for doing so if the accident was not your fault.
In a successful claim, you will be able to recover all costs related to your property damage, so make sure you keep a record of your invoices and repair bills.
Claiming for Losing a Loved One in Austin, TX
The most tragic outcome in an auto accident is when the accident leads to the death of a victim or multiple victims. This may be direct, i.e, they were killed in the crash, or it may be indirect, with their injuries later on leading to them passing away.
For the family of the loved ones that have been killed, this will be the most traumatic experience imaginable.
In these scenarios, the deceased individual’s family is entitled to raise what is known as a wrongful death claim. This allows them to seek the recovery of damages on behalf of the deceased and to pursue compensation for the loss of consortium and companionship.
No amount of monetary compensation will ever bring the deceased back to life, but it can provide financial security to the family while they come to terms with their losses.
What To Do After An Auto Accident Accident In Texas
If you are at the scene of your accident, it is worth remembering that everything you do and say from this point onward may be used against you. That means it is important that you never apologize or say that you feel fine.
There are certain things you should and should not do at the scene of an accident if you wish to protect your rights and your chances of a successful claim at a later stage.
Here are the steps you should follow:
Check Injuries and Move To Safety if Possible
The priority is always your own health and well-being. This means that as soon as the accident has happened, you should take stock of your injuries. If you cannot remember what happened, you should lie still and see if you feel pain in your neck, shoulders, or back. This can be a sign of serious injury, and you should refrain from moving at all or letting anyone move you unless it is necessary until the paramedics turn up.
If you are certain that you have not hit your head or damaged your neck or spine, you should move away from any further danger. In most cases of traffic or auto accidents, this means moving to the side of the road out of oncoming traffic.
If you are able to, and it is safe, you may wish to take stock of the other victims and the at-fault party to see if they are injured so you can inform the ambulance team and emergency services when you call them.
Call An Ambulance
It doesn’t matter how minor the injuries seem. If any party was injured in the accident, you should call for an ambulance immediately to attend the scene. Traffic accidents can cause shock and adrenaline to be released, and both of these can mask serious injuries. Other serious injuries, such as TBIs (Traumatic Brain Injuries) and internal bleeding, can have no outward symptoms. By the time the victim realizes they have been injured, it may be too late.
Whenever an ambulance attends an accident scene, they have to file an accident report which is an unbiased and factual document stating what they saw and what treatment they had to give to each victim for their injuries. This document can be obtained by your auto accident lawyer in Austin and used in your case as evidence.
Call The Police
Whenever a traffic accident occurs, the police should always be informed. When it comes to traffic, they are best equipped to cordon off roads and move the flow of oncoming traffic while the accident scene is dealt with.
The police are crucial if the other driver is drunk or aggressive too. The police will make sure they do not flee the scene of the accident or act aggressively toward others, and if they are drunk or under the influence, they will carry out blood alcohol tests or other sobriety tests. The result of these tests can be instrumental in securing a successful claim as a drunken driver that tests positive for being over the limit is automatically negligent.
Collect Evidence
Evidence is king when it comes to personal injury law, and while it will be down to your attorney to investigate and collect their own evidence, the more you can provide them upfront, the better.
If you are still on the scene and have not had to leave by ambulance, and your injuries allow it, you should consider videoing or photographing the scene and writing a brief statement of what happened in your own opinion.
Exchange Information and Witness Statements
If you are lucky enough to have witnesses on the scene of the accident who are willing to cooperate, collect their details immediately. Sometimes witnesses will become more difficult the longer after the accident speaks to them. If they are willing you should ask them to give a written statement or record a voice statement of what happened in their opinion. When your attorney contacts them at a later stage, they will only have to confirm their previous statement that way.
Seek Medical Attention
Part of proving negligence is proving the third element, causation, which is proof that the injuries were caused directly by the accident. The best way to prove this is to show medical records of medical treatment in the direct aftermath of the accident. Even if you have not required emergency medical attention from an ambulance, we recommend heading to the nearest hospital or doctor for a check-up.
Besides the need to prove causation, it can be worth a second check-up simply because some injuries may lie hidden. If there were more seriously injured parties for the ambulance to deal with, your injuries may have gone unnoticed.
Call Your Insurance Company
Many car insurance policies have a clause that states you must contact them within a certain period of time following an accident to tell them you have been involved in an accident.
However, you do not have to tell them any information or discuss the accident with them. Remember, no insurance company truly wants to pay out and treat its clients fairly. They make a profit by avoiding paying out the full and maximum amount that people deserve.
Tell them that you intend to proceed with an attorney and that you wish for them to liaise with your attorney moving forwards from this point.
Do not apologize or say you feel okay, as this may devalue your claim.
Hire An Austin Auto Accident Lawyer
The sooner you can involve your attorney, the easier it will be for them to build the strongest possible case on your behalf. The more time they have and the earlier they are involved, the easier it will be to uncover evidence that may be removed from the accident scene or deleted (CCTV footage).
Investigating An Auto Accident In Austin, Texas
As soon as you have involved your attorney, they can begin investigating on your behalf. They may send an investigation team to the accident scene and contact expert witnesses such as crash recreation experts.
This will allow them to assign liability and understand where the negligence lies quickly.
The 4 Elements to Prove in an Auto Accident Case
Proving negligence relies on four different elements being proven. If your attorney can clearly provide evidence of the four elements of negligence, your case will be a strong one. When cases do end up proceeding to the courtroom, it will be expected that your attorney can prove these elements in front of the court.
- Duty Of Care — A duty of care is a legal obligation to act in a manner that protects the well-being and health of another individual. For negligence to have occurred, the at-fault party must have owed you a duty of care at the time of the accident. This is pretty easy to prove in an auto accident case, as road users automatically assume a duty of care to all other users of the road when they get behind the wheel of their car or drive any motor vehicle.
- Other examples of the duty of care: Doctors adopt a duty of care to any patients in their care. Businesses adopt a duty of care to their customers, and so on.
- Breach — After it has been established that the at-fault party owed you a duty of care, the next step is to prove that they breached it with their behavior and that this breach of duty of care is what caused the accident. Usually, a breach of the duty of care is caused by unreasonable behavior. To work out what constitutes reasonable behavior, your attorney will look at what a reasonable individual would have done whilst owing the same duty of care. A reasonable driver would not run a red light, speed, or look at their phone while driving, for example. This means that if these were reasons for an accident, the duty of care was breached.
- Causation — The accident must have directly led to the victim of the accident sustaining injuries.
- Damages — You suffered economic and/or non-economic damages as a result
Negligence Explained
Negligence is a legal term used to describe when a person’s failure to use reasonable care (or to act as a reasonable person would have) results in harm to another person. In a car accident or auto accident, negligence can occur when a driver fails to use due care while operating a vehicle, such as failing to obey the speed limit, driving while distracted, or failing to yield the right of way.
Austin Auto Accident Attorney FAQs
Injuries that can result from a car accident can vary greatly in severity and type. Common injuries include whiplash, broken bones, concussions, lacerations, internal injuries, burns, and spinal cord injuries.
The first thing to check is whether or not you have uninsured/underinsured motorist coverage, you should contact your insurance company to report the accident and file a claim. This coverage, if you have it included in your policy, can help you recover the costs of any damages or injuries caused by the at-fault driver up to the limits of your policy.
If you do not have uninsured motorist coverage, you need to consult an attorney, as your insurance company will likely be unable to cover all of your damages.
When you are up against any insurance company that defends clients in auto accident cases, you are likely to be up against an extremely aggressive legal team that spends every day defending against claims like yours. This means that you are at a disadvantage without your own legal representation.
While you are currently dealing with your own injuries, you should also be focused on your recovery, and the stress of pushing a claim through yourself may not be ideal.
Sometimes, when you obtain legal representation from an attorney with a strong reputation for fighting car accident claims and winning court battles, the other party and their insurance company may be more likely to settle and treat you fairly as they know they will likely lose in court.
The value of your auto accident case will depend upon the damages you have suffered. This means that the cost of your economic damages needs to be considered, such as your medical bills, property damage bills, and lost wages. Your attorney will then need to consider your pain and suffering and depending on how severe they feel you have suffered, decide what they believe you should be compensated as a result.
The only way you can really know if your case is a valid one is by speaking to an attorney and taking advantage of the free case evaluation that most personal injury law firms offer to potential clients. They will be able to ask some simple questions and listen to your story, and from this, they will be able to deduce if your claim is valid and strong.
We always recommend that our clients discuss all settlement offers with their attorneys. It is a common tactic used by insurance companies to offer a settlement that may seem appealing in the hopes that the victim accepts it without considering it. Once you accept the settlement you forgo the right to further compensation.
This means that if your injuries get worse and you need to pay more medical bills, your settlement may not have been enough to cover these costs. The insurance company will have run the numbers and will have worked out what they stand to lose. The first offer of settlement will never be equal to this.
Punitive damages are financial awards a court may grant in certain civil cases as a form of punishment for a defendant’s egregious or malicious behavior. The purpose of punitive damages is to deter the defendant and others from engaging in similar behavior in the future. They are awarded in addition to actual damages, which are meant to compensate you for actual losses. In order to be eligible to receive punitive damages, you and your attorney must prove that the defendant’s behavior was intentional, malicious, or reckless.
You and your attorney must also be able to show that the defendant was aware that their actions were likely to cause harm. Punitive damages are not available in cases where the defendant’s behavior was simply negligent or careless. When a court orders punitive damages, the amount awarded is typically much higher than the amount of actual damages.
The amount of punitive damages can be based on a variety of factors, including the egregiousness of the defendant’s actions, the defendant’s wealth, and the level of harm caused. In order to claim punitive damages, you must first file a lawsuit against the defendant.
Punitive damages are not always available, and the amount awarded can vary significantly depending on the facts of the case. It is important to discuss your case with your lawyer so that you can understand your rights and determine whether it is worth pushing for a court case as you may be eligible to receive punitive damages.
The length of time it takes for a personal injury case to settle can vary widely depending on the circumstances of the case. Some cases may settle within weeks or months, while others may take years.
Factors that play a role in the length of time it takes for a personal injury case to settle include the complexity of the case, the number of parties involved, the amount of evidence to review, and the ability of the parties to agree on a settlement amount.
In general, if the case is relatively straightforward and there are few disputed issues, the case may settle quickly. This is especially true if the parties can come to an agreement on the amount of damages and the insurance company is willing to pay out the agreed amount.
On the other hand, if the case involves a complex set of facts and the parties are unable to agree on a settlement amount, the case may take longer to resolve.
Most cases will settle without the need for court involvement. This is because court involvement is a costly process, both in terms of time and money and is not usually in the best interests of either party.
Contact One of Our Auto Accident Attorneys Today
Chris Morrow Law, PLLC is here to help you fight for the justice and compensation you deserve. We are not scared to fight against the insurance giants that may be defending the at-fault party, and we promise we will not rest until every avenue has been explored.
Contact us at 512-520-8100 for a free consultation today from the Attorney That Works!
