You might believe you can manage a car accident claim yourself after a collision. Yet, going up against insurance adjusters who are focused on saving their company money can mean you end up with less than you might deserve. If your case turns into a lawsuit against the other driver, the answer to “Should I get a lawyer?” is definitely, “Yes.”
Below, we examine 5 reasons you should get a lawyer after a car accident. By relying on professional legal guidance, you can avoid making costly mistakes.
1. A Lawyer Will Conduct an Investigation of Facts and Collect Evidence
All car accident 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
- Videos from traffic, security, and dashboard cameras
- Accident reconstruction reports
- Insurance policies
- Testimony from experts
It’s your job to show who is at fault for an insurance claim or lawsuit, so you must understand how to gather, analyze, and present this documentation for the best outcome. If you’re healing from injuries, this can be overwhelming, which is why it’s wise to put your trust in a reputable car accident attorney to handle it for you. They can also request some evidence, like cell phone records, that you may not be able to access.
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. Every car crash will be different, and it’s possible that both parties played some part in what happened.
Partial Liability
In certain instances, the facts may show the plaintiff contributed to the accident and is thus also at least partly liable. Under Texas’s modified comparative negligence law, if you’re found to be partly at fault for your crash, it decreases the damages you can receive.
For example, if you’re 20% at fault, your $10,000 damage claim would end up being only $8,000.
Working with a seasoned auto accident lawyer means they will make every effort to minimize fault assigned to you and establish greater liability against the other party when possible.
Strict Liability
Uncommonly, a plaintiff may file suit after a car accident for other forms of liability, notably strict liability. This tort theory is generally used for product liability cases or dog bite injuries, but a car crash defendant may be strictly liable if they were operating another vehicle considered abnormally dangerous. Your attorney may also be able to rely on strict liability if the other driver acted intentionally or deliberately when causing the car accident.
An example might be if a driver operates their vehicle knowing that its brakes are not fully functional. By taking the risk of hitting others and driving a legally unsafe vehicle, your attorney could argue that they had strict liability for knowingly putting others in danger. Unusual complications like this are another reason you should speak with an attorney after a car accident.
Demonstrating Negligence Can Be Challenging
Whether you are pursuing comparative or strict liability, you must present evidence that establishes the four elements of negligence:
- Duty of care: You’ll need to show that the other driver owed you a duty of care to drive safely. By having a driver’s license and operating a vehicle, they are legally obligated to do so.
- Breach of duty: If you have evidence that the other driver was under the influence of alcohol when they hit you, that would show they breached (or failed) to uphold their duty of care.
- Causation: By presenting evidence directly tying your injuries and vehicle damage to the other driver’s breach, you can show how they caused your accident.
- Damages: You can then present a list of your damages associated with the accident and request compensation from the at-fault party.
By working with an experienced car accident lawyer, you don’t have to build the case on your own. They can use their skills and background to present a powerful case that demonstrates how you were hurt, who is to blame, and what you are owed. While you concentrate on getting better, your attorney will manage all aspects of your claim to protect your rights and interests.
3. A Lawyer Can Identify Damages You Might Overlook
Determining the value of your case is challenging and is a task you should leave in the capable hands of a personal injury attorney. Although you may know that insurance should pay for your medical bills and automobile damage, there are numerous other items you could include. For example, your lawyer may find you are entitled to receive losses such as:
- Your lost wages while you recover
- Benefits, bonuses, and retirement savings you missed while injured
- Lost earning potential if you’re permanently disabled
- Repair or replacement cost for your clothing, computer, cell phone, and other property
In some instances, you may be able to seek compensation for your pain and suffering, including your emotional distress, depression, and diminished quality of life. Most insurance policies limit what they will cover in this area, but you may be able to recover these losses fully during a personal injury lawsuit.
4. A Lawyer Can Interpret Insurance Policies for You
Texas requires all drivers to carry liability insurance policies that cover injuries and property damage in a crash. Whichever driver is at fault must pay other motorists, and the minimum coverage amounts are $30,000 for bodily injury (up to $60,000 per accident) and $25,000 for property damage. Yet, interpreting these policies can be complicated, and insurance adjusters rely on your unfamiliarity with how to read the fine print.
An attorney can help you understand how soon you must file your claim against the at-fault driver, when the insurance provider must respond, and what the policy provides. In the event you’re hit by someone without insurance, you aren’t out of options. Your lawyer can help you determine if you can recover your losses by filing a personal injury lawsuit instead.
5. An Attorney Will Handle Negotiating and Litigating Against 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 policyholders’ coverage needs are met.
A skilled car accident attorney may also recommend filing the paperwork for a lawsuit right away to give you the option in case insurance negotiations aren’t productive. To properly litigate a case, a plaintiff must meet many stringent requirements established by courts and state law by doing the following:
- File a lawsuit with the appropriate court.
- 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.
- Seek an appeal if the decision is not favorable.
Even at Trial, an Attorney Can Work to Settle Your Case Quickly
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 it 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 money and services to resolve a case faster than typical litigation. Furthermore, since the outcome of a trial is never guaranteed, both parties face a lot of uncertainty, as well as expense, stress, and time spent in court. 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.
Don’t Wait to Contact an Attorney After Your Car Accident
If you’re seriously hurt in a crash, you must focus on your physical and emotional well-being before you can concern yourself with financial matters. Still, the bills will begin piling up, and you may wonder how to handle them if you’re unable to work while you recover. In addition, there is a critical two-year statute of limitations in Texas that can affect your case.
As soon as possible after your crash, arrange a consultation with a Houston car accident lawyer to discuss your legal options. By doing so, you put seasoned professionals to work on your case who will file all the paperwork needed so you do not miss the deadline. They will also keep you updated on the progress of your case.
Once you meet with your attorney, you can relax with peace of mind knowing they are working diligently for you. Although every case is different, you can trust your lawyer will try to reach a satisfactory settlement as soon as they can.
Get an Experienced Attorney to Help With Your Car Accident Today
Another way an attorney can help is by offering a contingency payment plan. This allows you the freedom of securing the legal representation you need without paying a large upfront retainer. The lawyer only gets paid when they win your case, so you reduce your worries.
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 has 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.
