In the state of Texas, you are bound by the state’s statute of limitations. This set of legislature places a legal time limit on personal injury claims and wrongful death claims. After this period has elapsed, if you try to bring a claim against an individual, their attorney will apply for it to be thrown out, and in 99% of cases, they will be successful.
The statute of limitations in Texas is two years for both personal injury and wrongful death claims. This means you have two years from the accident to make a claim.
Here at Chris Morrow Law, PLLC, we deal with car insurance claims on a regular basis, and we can help you file a claim. Once you get in touch, we can assign a dedicated Texas car accident lawyer to your case. They can help you throughout the whole claim process, from calculating damages to pursuing the police report; we have your back.
Once you agree to representation, we take over your case. We handle your car insurance claim paperwork and speak to both the other parties’ car insurance company and your own insurance company.
Our goal to provide reliable representation to all victims, no matter their financial position, is an important one to us. We do not want anyone to forgo representation because they are scared of losing their case.
For this reason, we work on a contingency fee basis, and we provide a free initial consultation and case evaluation to all new clients. You can ask us the questions you need to ask us, receive some free advice and a free case evaluation, and decide if you wish to proceed with your case.
If you decide to proceed with the case, it will be on a contingency fee basis, meaning it costs you nothing upfront or if you lose. We simply take a percentage of your settlement if we can win your case.
When it comes to recovering damages from an auto accident incident, your attorney will first need to calculate what damages you have suffered as a result of the accident. They will then use these calculations to negotiate with the other driver’s insurance company to try and secure an out-of-court settlement.
The other driver’s insurer will consider the offer, and depending on whether they believe their party was the at-fault driver or not, they may decide to accept your offer.
The more experience your attorney has in similar cases to yours, the better they will be at this task.
When it comes to calculating your damages, your attorney will need to consider both your economic and your non-economic damages.
Economic damages are the damages that have cost you or will cost you money. They are the easiest to calculate as most of them have physical evidence. For example, repairing your car will have a repair bill, and taking time off work will result in lost wages that can be evidenced by bank accounts and paychecks.
Medical bills are usually the biggest economic expense for an accident victim. Even those with comprehensive coverage find that their medical treatment quickly exceeds their limits. If you are a victim of someone else’s negligence, then you should not be left out of pocket, especially if you have injuries that require long-term medical treatment.
Your attorney will help you recover past and future medical expenses, utilizing expert testimony to determine what your future medical costs will be. They will also ensure that all expenses related to your treatment are accounted for such as transport to and from the hospital, childcare while you are receiving treatment, and more.
After suffering a traumatic experience such as a car accident, time off work is inevitable. Unfortunately, this often means lost income at a time when your day-to-day expenses are increased.
As the victim, you should not be left out of pocket, and an attorney will help you recover all your lost wages. If your injuries mean that you will not be able to return to the same type of work, your attorney will also help you to recover compensation for loss of earning potential.
The cost of repairing any property that was damaged in the crash, including your car and any personal belongings such as a phone or laptop, should be covered by your personal injury claim. It is important to keep all your receipts as evidence of your expenses.
Next are your non-economic damages, which are judged by your attorney. These damages are subjective and include things that cannot be measured with physical figures. Non-economic damages include things like your emotional and physical pain and your loss of enjoyment in life.
Non-economic damages are referred to as pain and suffering and are often a higher figure than even your medical bills, especially if your injuries are life long.
The worst-case scenario in a car accident is that someone loses their life as a result. When a family loses a loved one because of the negligent actions of another party, it is especially traumatic.
If you have lost a loved one because of the negligent actions of another driver, then you may be owed compensation in a wrongful death claim. A wrongful death claim could compensate you for your economic losses, such as loss of income to a family household and funeral expenses, and non-economic losses, such as your mental suffering and loss of companionship.
No amount of money can begin to heal your grief, but it is important that you and your family do not have to suffer financially because of your loved one’s death. When you hire legal representation, they will handle the legal process, so you can focus on your family at this difficult time.
After a car accident, emotions are high, and your body will be full of adrenaline. This can make it difficult to think clearly. However, your initial steps can make a big difference in the success of your claim.
The last decade has seen a large increase in the number of payouts from insurance companies, which means that they now employ aggressive loss adjustors to devalue your claim, and they will try to use what you say and do against you. However, if some time has already passed, and you did not follow these steps, then don’t panic! Get in touch with a personal injury lawyer as soon as possible so that they can assess your case and advise you on your next steps.
Here are the steps you should follow:
It is important to prioritize your own health and safety first, which means checking yourself for injuries. If you find it difficult to move or feel pain in your neck or back, then you should remain where you are and wait for help.
If you are confident that you are able to move without worsening your injuries, then you should move to a place of safety. If it is safe to do so, you can check others involved in the accident for serious injury.
If there are any injuries that require medical attention, you should call both an ambulance and the police to the scene. The ambulance crew will ensure that everyone who needs immediate medical attention is treated, and the police will make a police report.
The police and medical reports from the scene will become important pieces of evidence in your claim. The police will also ensure that the area is made safe, and if anyone breaks the law, such as if one party was driving under the influence, then the police will ensure that the proper measures are taken.
After a motor vehicle accident, any evidence you have about the events that occurred can benefit your claim. If your injuries do not prevent you from doing so, then you should take photos of the scene and get the information of any witnesses, as well as the other drivers.
It may also be helpful to write a description of what occurred as soon as possible. It is common for memories to become confused, especially after a traumatic event such as a car accident. Having a written record of your version of events could help you piece everything together later on.
If you did not receive immediate medical attention, then it is essential you seek a medical examination as quickly as possible. There are two reasons for this, firstly, some injuries may lie hidden, and you could worsen them if you are unaware of them. Secondly, a medical examination is integral to your claim, and the sooner after the accident, the better, as it will be easier to establish that your injuries were a direct result of the accident.
Depending on your policy, you may have a limited amount of time to inform your insurance company to make an auto insurance claim. However, it is important to remember that insurance companies are big businesses that are driven by profit. You should keep the details of your accident brief and tell them that your attorney will be in touch with them to discuss the details of your claim.
An offer that is made quickly after an accident is almost always a lowball offer. It is usually an insurance company’s attempt at settling a claim quickly, so they don’t end up paying out more.
Once you accept an offer, you give up your right to fight for more, which usually equates to giving up your right to just and fair compensation. If you are offered a quick settlement, the best thing you can do is speak to a car accident attorney who can advise you.
Court cases are costly and time-consuming, so it is usually in everyone’s best interest to settle outside of court. However, some insurance companies will remain stubborn and will let a case go to court. Therefore, it is essential your attorney is skilled in the courtroom and is willing to fight for you in front of a Judge if necessary. This is also important because loss adjusters often know which attorneys are willing to go to court and will be more willing to offer a settlement rather than lose in court.
The car accident claim process could take just a few months or several years to settle. It depends on how complex the injuries are, how clear the liability is, the quality of your representation, and whether your case goes to court. It is important that your attorney understands when to fight for a quick settlement and when to go the distance to secure what you are owed.
Punitive damages are reserved for cases that involve malicious intent or gross negligence. An example could be a driver who was driving while under the influence. However, punitive damages can only be awarded in cases that reach a court hearing, as they can only be awarded by a Judge. The purpose of punitive damages is to punish the victim and deter similar behavior in the future, this is in contrast to the compensatory damages listed above, which are designed to compensate the victim.
If you were in an accident with an uninsured motorist, then your first step would be to check your insurance policy to see if you have coverage. If you don’t, then it may be difficult to claim compensation. However, you should speak to a personal injury lawyer who can explore all of your options.
The sooner you speak to a car accident lawyer, the better. They will get to work quickly to build a strong and robust case and will protect evidence to prevent it from becoming lost.
No one should have to deal with the aftermath of a car accident alone. At Chris Morrow Law, PLLC, we believe that all victims deserve access to high-quality representation. That is why we offer a free consultation and work on a no-win no-fee basis. If your case is successful, we will not receive anything, and if it is, we will take a percentage of what we secure for you.
Contact our law office today to arrange a free consultation with an Austin car accident lawyer at 512-520-8100.
7703 N Lamar Blvd
Suite 400
Austin, TX 78752
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