Unfortunately, car accidents cause more harm than we imagine. One moment, you are driving to work, or rushing home, when all of a sudden, someone rear-ends your vehicle. Your head is knocked against the car’s interior, causing a concussion or spinal pain. In another scenario, you’re a pedestrian walking home or jogging in the street when a careless motorist knocks you down, causing internal body organ damage or fractures. What follows is confusion, pain, and suffering. You need intensive treatment for your injuries, but unfortunately, your insurance coverage isn’t enough. What do you do in such a scenario?
If your injuries result from someone else’s negligence or recklessness, Texas personal injury laws allow you to recover monetary compensation in a Spring car accident case. All that’s needed is proof that the other party was negligent and caused your injury. Sadly, doing so on your own may be difficult. That’s why you need a seasoned vehicle collision attorney. And don’t worry about legal fees, the attorneys at our firm work on a contingency fee basis. You are the boss, so we only get paid if you recover compensation.
It may be difficult to understand how car accident compensation works in Spring, so you need to arm yourself with someone who perfectly understands the Texas legal system. By doing so, you place yourself a step ahead in your quest for justice. There are two major ways of recovering compensation in a Spring car accident case. They are:
Your first shot at financial freedom after a car accident is negotiating a settlement with your insurance company or that of the party at fault. Very often, their insurance adjuster will reach out with an initial settlement offer. This marks the beginning of back-and-forth negotiations until both parties reach a mutual understanding.
Before you accept the offer, you should, first of all, seek the counsel of an experienced injury attorney. This ensures that the settlement you receive reflects your actual losses. Additionally, insurance companies are known to act in bad faith. They may deny liability or fail to settle you altogether. But with an aggressive lawyer by your side, you are sure that the amount agreed upon is a fair representation of your damages.
In case negotiations fail to yield any favorable l outcome, your attorney will proceed to court. Although this process is more complex and expensive than negotiating with insurance companies, it often yields much higher settlements. Your attorney will prepare and file all necessary legal paperwork and argue your case on your behalf.
A jury or judge will listen and evaluate evidence tabled before the court by both sides before making the final decision. If the outcome is in your favor, you may also be compensated for punitive damages which are often not offered in an out-of-court settlement. If you are not happy with the decision, you also retain the right to appeal your case.
There is no specific amount of compensation available for you. The amount payable is dependent on the specifics of your case such as liability and the extent of damages suffered. But generally, the compensation you receive should cover tangible and intangible losses such as:
If you choose a court process, in certain cases you may also be awarded punitive damages which are meant to punish the party at fault for their negligence rather than make you whole for your injury.
It’s very common for county or state prosecutors to file traffic or criminal charges against the party at fault. For example, if the defendant was driving under the influence or speeding, the state may prosecute them for violating traffic rules, which is in itself a crime. So what does this mean to you?
Regardless of whether a criminal charge has been filed or not, you should not shy away from filing a civil lawsuit. No law bars you from doing so. While criminal action is meant to punish the defendant for their wrongdoing, a civil lawsuit serves to compensate you for the injuries and damages you suffered due to the car accident. And both charges can run at the same time, although the latter often takes longer to resolve.
If you are seeking compensation in a Spring car accident case, it’s highly advisable to retain an attorney. Their presence adds weight to your case, and you stand a higher chance to win full justice for your case when you hire an attorney than when you self-litigate. To speak to us, contact our Lone Star Injury Attorneys offices today.