Car accidents can occur anywhere, at any time. In fact, a crash is recorded every 56 seconds according to a report by the Texas Department of Transportation. Being aware of what to do immediately following a collision is vital for both your safety and your legal rights. The steps you take can help prevent additional injuries, and should you already be injured, allow you to quickly address your condition. However, the situation involves more than just safeguarding your well-being.
At Lone Star Injury Attorneys, we comprehend fully the crucial need for victims to receive state-of-the-art medical care. Regrettably, not everyone can access high-quality treatment due to financial constraints. This is where our adept car accident attorneys step in. We assist victims like you in seeking compensation for car accident cases in Friendswood.
Who Can File a Car Accident Claim?
Typically, any individual injured in an accident due to someone else’s negligence has the right to sue for damages. However, there’s often confusion about who has the right to file a claim if the injured person is unable to do so. If you’re severely injured and cannot pursue justice independently, your relatives can initiate this process on your behalf, aided by a competent lawyer.
If a death occurs, the deceased’s estate or another legally appointed party may act on the family’s behalf. Given that litigating a wrongful death claim is distressing and adds further complications to the injury claim, such cases are often managed by our firm’s empathetic yet assertive wrongful death attorneys. Our focus is on building a robust car accident case and fighting for comprehensive compensation on your behalf.
Damages Available in an Auto Accident Claim
Personal injury laws permit injured victims to recover compensation for their injuries and damages. However, sustaining an injury doesn’t automatically guarantee compensation. You must demonstrate that the defendant was negligent, breached their duty of care towards you, and caused you harm. According to personal injury law, the third and fourth elements of negligence are:
- You experienced harm
- You incurred losses due to that harm
These losses may be economic or non-economic. Economic damages cover losses with easily quantifiable monetary values, meaning they have tangible proof like bills and receipts. These include:
These include:
- Past and future medical expenses
- Forfeited financial benefits
- Loss of income-earning capacity
- Lost wages
- Rehabilitation expenses
- Any other verifiable financial loss
Conversely, non-economic damages address the emotional and psychological trauma that injured victims endure. Quantifying these damages is challenging, but your attorney can use existing data to estimate a fair value. These encompass:
- Pain and suffering
- Loss of companionship
- Emotional distress
- Permanent disability
- Loss of parental rights
Loss of companionship and parental rights are only applicable if someone was fatally injured and are typically referenced in a wrongful death claim. Beyond these damages, you might also be eligible for punitive damages under certain circumstances. The compensation amount awarded to you is determined by the judge or jury overseeing your auto accident case and is only obtainable through a court procedure.
Negotiating a Settlement with Insurance Companies in Friendswood
One of the most common methods of securing financial compensation from a car accident claim involves negotiations with insurance companies. Typically, an insurance adjuster may propose an initial offer a few days after the accident has been reported. However, it’s crucial not to hastily accept this first offer, as it often fails to accurately reflect the settlement to which you’re entitled.
Insurance companies are aware of how desperately injured victims need funds and may exploit this to propose undervalued settlements. Employing an assertive car accident attorney can significantly enhance your negotiating power. Insurance companies understand this, which is why they often attempt to contact you directly before you consider hiring an attorney in Friendswood. The upside of settling with insurance companies is that the process is typically faster and simpler compared to court proceedings.
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Proceeding to Court and Trial
If negotiations reach an impasse, your attorney can escalate matters by filing a petition in court. The court process is usually more protracted and intricate compared to negotiations, but it can often be the only pathway to achieve full justice. Your attorney will manage all these proceedings on your behalf.
During the trial, a judge or jury will consider arguments from both your attorney and the defense counsel, before determining the value of the damages you’ve suffered due to the car accident. A key advantage of proceeding to trial is that the valuation of compensation for your injuries and damages is performed by a judge or jury of your peers, instead of the insurance company.
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We Can Assist You in Pursuing Compensation Following a Car Accident in Friendswood
Ascertaining your eligibility for compensation in a Friendswood car accident case can prove daunting. The most reliable method to understand what legal action to take is to consult with an attorney. Our team of lawyers will scrutinize the specifics of your case and guide you towards the most suitable course of action. Contact us today for a complimentary consultation.
Call or text (832) 346-9585 or complete a Free Case Evaluation form
