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How a Car Accident Lawyer Can Help With Your Claim

No one gets into a car expecting an accident, yet there were 15,299 crashes in a single recent year in Texas alone. That’s about one person injured every two minutes and nine seconds. When a car accident occurs, it can be traumatic for the victims, especially when one or more passengers or the driver suffers serious injuries. Knowing the accident only occurred because of someone else’s careless or reckless actions behind the wheel, or because a road crew or car part manufacturer was negligent only adds to the distress.

It’s difficult moving forward after a serious car accident, especially when insurance companies prioritize their profits over paying out on your claim. No one should face the complex claim process alone against powerful insurance companies that delay, assign undue portions of liability to injury victims, or unfairly deny claims. An experienced car accident attorney in Houston can help by managing the legal aspects of your car accident case while you focus on reaching your maximum medical recovery.

Your Texas Car Accident Lawyer Will Investigate Your Accident

The insurance company for the party at fault in the accident assigns adjusters and attorneys to investigate your accident to undervalue or deny the claim whenever possible to protect their profits. That’s why you shouldn’t face this process without your own attorney defending your rights and protecting your best interests. Your car accident lawyer will do the following to document evidence of liability:

  • Thoroughly investigate by examining the accident report, reviewing any available photos or videos, deposing eyewitnesses, and consulting with accident reconstruction experts
  • Determine the negligent action that caused the accident—typically a careless driver but in some cases, a negligent road maintenance agency or the manufacturer of a defective car part
  • Prove liability by documenting evidence that meets the legal standard for car accident negligence: that the at-fault party owed a duty of care to you and others on the roadway, they breached this duty through negligence, their breach of duty caused your injuries, and you’ve suffered economic and non-economic damages from the injury
  • Examine your medical report and consult with medical experts about the physical and financial impacts of your injury
  • Carefully calculate your damages
  • Send a carefully crafted demand package to the insurance company of the party at fault for your accident

An attorney puts a strong voice behind a car accident claim to recover compensation for damages when otherwise the insurance company might delay or deny the compensation or claim that you contributed to the accident so they can reduce the amount of compensation they must pay out on your claim.

Calculating Your Damages After a Car Accident Claim

One of the most important aspects of a car accident claim is seeking compensation for all of the damages available to you. The insurance company is not going to tell you everything you are entitled to under their client’s policy. An accident attorney will calculate your economic damages and assign an amount of compensation to non-economic damages like pain and suffering so you miss no avenue for compensation. Common damages in car accident claims include the following:

  • Property damage
  • Past and future medical expenses related to the car accident injuries
  • Reimbursement for lost wages
  • Future income loss and/or diminished earning capacity
  • Pain and suffering
  • Any other non-economic damages in your case such as disfigurement compensation, traumatic limb loss, PTSD, or loss of enjoyment of life

Negotiating a Settlement or Taking the Claim to Court

After sending a compelling demand letter with the evidence of liability to the insurer, your car accident attorney will begin negotiating and mediating with the insurance adjuster and attorneys assigned to your case by the insurance company to obtain the highest possible settlement. Only if the insurer fails to offer an ample out-of-court settlement does the case proceed to a lawsuit. During lawsuit litigation, your car accident lawyer will present the evidence and testimony to argue your side before a judge and jury. Although the court process takes longer than a settlement, a jury award for damages is often larger than an out-of-court settlement.

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