1. A Lawyer Will Conduct an Investigation of Facts and Collection of Evidence
All car accident lawsuits lawsuits are fact-specific. A car accident attorney must collect relevant documentation of the accident, pursue critical witnesses, and statements about the crash. This information will help your attorney determine who was at fault for the car accident and quantify the damages you may be owed. Commonly used records include police reports completed by responding officers, medical records detailing injuries, photos taken of the accident scene, accident reconstruction reports, and insurance policies, among others.
2. An Attorney Can Assess Fault and Determine the Value of Your Case
Car accident lawsuits in Texas hinge on determining fault. This is because the party responsible for paying for personal injury damages in Texas, is the party whose actions or omissions caused the accident.
Partial Liability
In certain instances, the facts may show the plaintiff contributed to the accident and is thus also at least partly liable. However, unlike states with a modified form of contributory negligence, in Texas, being partly at fault (up to a certain point) only decreases the damages awarded to a plaintiff by the percentage of fault attributed to you.
Strict Liability
Uncommonly, a plaintiff may file suit after a car accident for other forms of liability, notably strict liability. This tort theory asserts that defendants are strictly liable for their actions, regardless of whether they owe a duty to the plaintiff. For example, in a car accident case, a defendant may be strictly liable if they were operating another vehicle considered abnormally dangerous or if they acted intentionally or deliberately when causing the car accident.
Determining the value of your case is challenging and is a task you should leave in the capable hands of a personal injury attorney.
3. An Attorney Will Handle Negotiating and Litigating the Insurance Companies on Your Behalf
Dealing with an insurance company can be tricky because insurance companies often utilize loopholes and arcane legal and factual arguments to prevent paying policyholders. However, our skilled Houston car accident attorneys can negotiate on your behalf to ensure coverage needs are met for the policyholder.
A skilled car accident attorney will file also file a quality lawsuit that meets the many stringent requirements established by courts and state law. To properly litigate a case, a plaintiff must:
- file a lawsuit,
- provide notice to all interested parties,
- file substantive and procedural motions,
- engage in discovery,
- argue procedural and legal issues in open court,
- hire expert witnesses,
- depose witnesses, etc.
Thus, seeking counsel from an experienced car accident attorney for assistance is prudent.
Throughout litigation, both parties may periodically engage in settlement discussions to seek a resolution before going to trial. Settlement is often frowned upon by many, but is an effective tool for case resolution. The reality is that many parties often want to resolve car accident cases as quickly as possible.
Settlement allows parties to exchange monies and services to resolve a case faster than typical litigation. Furthermore, the outcome of a trial is never guaranteed, resulting in much uncertainty for both parties. An experienced Texas car accident attorney knows when a case should be pursued to the fullest extent in court or whether settlement presents a better option for the plaintiff’s financial interests.
Get An Experienced Attorney To Help With Your Car Accident Today
The experienced Houston car accident lawyers of Dax F. Garza, P.C. have handled hundreds of motor vehicle accident cases, achieving exceptional results for our clients. If you or someone you know have questions about being injured in a car accident, we offer free consultations to all personal injury victims and the surviving family members of those wrongfully killed.
