Texas Car Accident Guide

Texas Car Accident GuideThe Texas Car Accident Guide was created by Willumsen & McRoberts Law to help residents who have suffered from a car accident obtain compensation.

Are you suffering from a serious injury caused by a car accident that was someone else’s fault because of negligence or carelessness? We’re sorry you are dealing with this pain and stress. We have helped many people who’ve been injured in car accidents, and we want to help you. Our Houston car accident attorneys know what to expect and what needs to be done to get you justice. Call us today for your free initial consultation.

How to Tell if You Have a Case

Just determining whether you have a legitimate car accident case can feel overwhelming. Our attorneys will review all the details of your accident and help you assess whether you have a case worth pursuing. Don’t assume you don’t have a case and give up on getting the compensation you deserve. Call us today to take advantage of a free, initial consultation.

Once you’ve determined that you have a viable case, the next step is deciding on whether or not to get legal representation. If you’re considering handling your case yourself without an attorney, keep in mind that the insurance company you will be filing against is going to have a team of them on call. This does not mean your case is not worth pursuing, but it does mean our Houston car accident attorneys can make the difference in the success of your case. They are familiar with the tactics of insurance companies and how to deal with them. Our attorneys will be by your side throughout your case to get you justice.

What is My Car Accident Case Worth?

One of the first questions people injured in car accidents ask is how much they can expect from their car accident case. The answer is that it depends on the specifics of your case, such as the extent of your injuries, how they have impacted your life, and how the quality of your life will change because of them. If you have questions about the value of your car accident case, contact our attorneys as soon as possible so they can review the details of your accident and the possibilities for a claim.

What Kind of Damages are Available?

Compensation for the harm you have experienced due to your accident is called damages. There are two types of damages you can pursue in your car accident claim. The first is economic damages. Like it sounds, this type of damages represents the ways you were impacted financially, such as debt from medical bills and loss of wages because your injuries prevented you from being able to work. Economic damages can be tallied for a case by adding up medical expenses, paychecks you missed out on, and even future costs like surgeries you will have to have. If the ability to do your work will be hindered for a period of time or permanently, those future lost wages can also be estimated.

Non-economic damages are things that aren’t as concrete but just as impactful. They can include but aren’t limited to things like pain and suffering, and loss of companionship due to new limitations, depression, and anxiety. There are numerous ways in which your injury has taken a toll. It’s important to include these in your claim, as well as ways that your quality of life may be impacted going forward. Our experienced Houston car accident attorneys know how to sift through the facts of your case to be sure these types of details are accounted for in seeking compensation.

Is There a Limit on Damages for My Case?

The specifics of your case will determine whether there are caps on the damages you can receive. You may also find that you are eligible to receive punitive damages. This type of damages may apply if your accident was caused by the liable party with the intention of harming you, or if they acted with gross (extreme) negligence.

To find out about the limits your case may face regarding damages, call our Houston car accident attorneys. We will explain your rights and guide you through your case every step of way to bring you the compensation you deserve. Call today to get started.

Factors that Affect My Case

If you are considering filing a car accident case in Houston, you are probably wondering what types of things can get in the way of a successful case. One of these is the “Shared Fault” rule. In the state of Texas, what you can recover is dependent upon the percentage of liability you are found to have in the accident. This doesn’t mean you won’t be able to collect damages for your injuries. If you are found to be 1% to 49% responsible for the accident, you can still recover a percentage of damages. If, however, you are 50% or more responsible, you will not be able to receive compensation. When you make a car accident claim, you need to prove that the other driver was responsible for your injuries.

The Shared Fault rule is used by insurance companies in an attempt to lower the value of your case and make you think you don’t have a chance against them. Our Houston car accident attorneys are used to protecting the rights of people just like you from insurance companies who want to blame you for your own injuries. Don’t give up your right to fair compensation. Call us today to get started.

Another factor in the success of your case is time. Under Texas law, you have two years from the date of your injury to file a claim. If you don’t submit your paperwork before this time period is up, you probably won’t have a chance to get compensated for your injuries and suffering. While two years may seem like plenty of time to get around to filing a claim, it can fly by. This is especially true for people recovering from injury and trauma from a car accident. Don’t miss your chance for justice. Let us help you. We can’t take away your pain, but we can take the burden of planning, investigating, filing, and navigating your claim off of your shoulders. Call our Houston car accident attorneys as soon as you can to review your case and file your claim properly and on time.

There’s a second way in which time is relevant to your case. The longer a case takes to get filed, the more delayed the investigation and collection of evidence will be, oftentimes. Making the strongest possible foundation for your accident case means gathering quickly and thoroughly. Don’t give witnesses time to forget what they saw, and evidence time to be lost. Our Houston car accident attorneys will get your case started as quickly as possible to preserve and record evidence and witness statements. Even though we are determined and efficient, we will need some time to properly collect evidence and thoroughly review details and facts. Don’t wait until the deadline is looming. Help us help you by calling today.

If Your Claim Involves the Government of Texas

If your injury involves a government entity or someone who works for the state, you need to be aware of different rules than when the government is not involved. Your claim must be against the governmental unit involved in the accident that caused you harm, rather than simply the state of Texas. You also have a smaller window to file your claim, which closes six months after the date of your injury. If you’ve been injured due to the negligence or carelessness of someone else, and the liable party is affiliated with a government entity, call our Houston personal injury lawyers as soon as you can for your free consultation. We’ll give you the guidance you need for a successful case.

Mistakes You Can Avoid

We get asked all the time what mistakes people can avoid to give a car accident case the best chance of success. Insurance companies will employ numerous tactics to devalue your car accident claim, and they are counting on you to open the door to many of them. Fortunately, many common mistakes can be easily avoided with a little awareness.

One of the mistakes people make immediately after a car accident is not getting checked out by a doctor. Even if you don’t think you’ve been injured at the time, it’s important to show up and get checked. This protects you in more ways than one.

After a traumatic event like a car accident, your body may be flooded with two hormones that can increase your pain threshold temporarily, causing you to overlook injuries until later. This can happen as part of the body’s “fight or flight” response. It’s important to get checked for injuries as quickly as possible after an accident, whether or not you think you are injured at the time.

Getting checked out medically when you’ve been in a car accident also helps you make a strong car accident claim. As unjust as it sounds, any delay in your seeking medical care after a car accident will probably be used against you by the insurance company. They can use it say you weren’t injured as much as you say, lowering the value of your car accident claim. They may even suggest the delay was because your injury didn’t even happen in that accident, but at some later date. If the insurance company is successful with this story, your case can get thrown out.

There’s one other person who may devalue your case if you skip the medical check after a car accident — is you. If you make light of your accident, it may undercut your confidence to speak up about it later. You may also forget important details. In any of these cases, you lose when you hesitate. Protect your health and your right to compensation for your injuries by getting medical attention immediately after a car accident. Then call our Houston car accident attorneys for your free consultation.

Another mistake people unknowingly walk right into is giving a recorded statement to the insurance company. Speaking at all with the insurance company after a car accident is risky. Not only are you very likely emotionally vulnerable while you are healing, but insurance adjusters are trained to get information from you that they can use to lower the value of your claim. Remember, they aren’t calling to be your friend, they are calling to save themselves money. Anything you say that helps them do that is almost certainly going to be used against you.

If you speak to them and they don’t manage to get your case tossed out entirely, they may convince you that a prolonged case is not worth the fight and you should accept their first lowball settlement offer. After all, they may suggest, something is better than taking your chances and ending up with nothing. Your Houston car accident attorneys have heard this all before and know how to handle the antics of the insurance company. Don’t let these companies bully you— call us today.

Frequently Asked Car Accident Questions

How do I select the best car accident attorney?

How do I select the best car accident attorney

If you are searching for a car accident lawyer in Texas, that sadly means that you or a loved one has suffered a traumatic injury or maybe even a wrongful death. One of the most common questions that people in your situation have is, “How do I choose the best car accident lawyer for my particular situation?”

Consider this: If you need someone to write you a will, you would hire a lawyer that writes wills for a living. If you have been injured in a car accident, you should hire a Texas personal injury trial lawyer. The decision to hire an attorney is one of the most important decisions you will make. We suggest that you interview at least two lawyers and ask the following questions:

1. “Are you board-certified in personal injury trial law here in Texas?”
2. “What actual experience do you have trying cases to a jury here in Texas?”
3. “Will you give me your personal cell phone number so we can stay in communication throughout the entire case?”

If you choose to contact us for a free consultation, we’ll be happy to answer those and any other questions that you may have.

How long is it going to take to resolve my car accident injury claim?

We spoke with a young lady recently who had been involved in a car crash. She’s a student with a busy life, and she wanted to know how long it was going to take to resolve her case. As we were talking, we told her it really depended on her. It depends on how quickly injuries heal, for one. A doctor is going to come up with a treatment plan specifically for you, designed to get you to maximum medical improvement. Maximum medical improvement is simply when the doctor can provide no more treatment or no more benefit through injections or surgery.

Once we have found out what your maximum medical improvement is, we’ll have an idea of what your lost wages are. We’ll have an idea of what your other damages might be, including pain and suffering, mental anguish or physical impairment. Once we have your damages together, we will be able to make a settlement demand on the insurance company.

If the insurance company decides to do the right thing and fairly and adequately compensate you for your injuries, then your case will resolve favorably. A lot of times, however, the insurance companies like to lowball and make you fight for it. This can take a little bit longer. That’s why it’s important to hire a personal injury trial lawyer who understands how this work and who is going to work from day one to make sure that your case is in the best position possible.

We’re always going to work to get it resolved as quickly as possible. That’s always our goal. Sometimes, it takes a little bit longer based on what the insurance company decides to do. A personal injury attorney will not be afraid to go into the courtroom in front of a jury and hold that insurance company accountable for your damages.

We invite you to give us a call today. We can talk about your case and talk to you more about how to get your personal injury case resolved.

How can I determine the value of my car accident case?

We recently spoke with a client who wanted to know, “How do I know the value of my car crash case? What is it worth?” We explained to her that every case is different; everybody has a unique situation. A lot of the value of a case is based on your injuries. How bad are you injuries? What are your injuries? How bad have your injuries impacted your daily life?

There are a couple different areas of damages that we want to look at. The first is your medical expenses. How much have you incurred in medical bills as a result of this crash? Another thing we’re going to look at is lost wages. Have you missed time from work? Do you have any lost wages? There’s also a category of non-economic damages. Non-economic damages you might know include pain and suffering, mental anguish, and physical impairment.

After you’ve reached maximum medical improvement with your doctor, we want to look at all of your damages from all of those different categories. That’s when we’ll begin to understand the value of your particular case. What’s really important is that you get with a personal injury trial attorney who understands those different damages, how to evaluate those different damages, and who isn’t afraid to go up against the insurance company to make sure that you get what’s fair and reasonable.

If you have any questions about what the value of your case is, we invite you to give us a call. Legal consultations here at the firm are always free, so feel free to give us a call. We look forward to talking to you.

What are some common mistakes people make that can ruin their accident claim?

What are some common mistakes people make that can ruin their accident claimWe spoke with a young lady recently in Katy, Texas who had been involved in a car crash. She was a young, college-aged student, and this was the first time she’d been involved in a car crash. As we spoke, one of her concerns was that she might make a mistake on her case. She asked what the common mistakes are that people make when they’ve been involved in a car crash. The first thing we told her is the biggest mistake we see people make with their car crash claim is they don’t go see a doctor.

A lot of times after a car crash, people have a lot of adrenaline pumping through their body. They might not feel or realize how bad they’re hurt, and they think, “Oh, I’ll be okay tomorrow.” When they wake up and get out of bed the next day, however, their neck might hurt or their back might be a little sore. It might be a little difficult getting ready for work in the morning, but they let it go on and on without seeing a doctor. That’s one of the biggest mistakes that we see. People think that they’ll just heal automatically without any kind of doctor assistance.

The second biggest mistake that we see is that people don’t follow through with the doctor’s treatment plan. The doctor will sit with you and develop a treatment plan specifically for you so that your injuries heal to what’s called maximum medical improvement. If you don’t follow the doctor’s orders, the insurance company is going to use that against you and say, “Look, she wasn’t even hurt. She didn’t follow the doctor’s orders.” That can be a powerful argument in front of a jury, and that’s why it’s important that you hire a personal injury trial attorney.

Here at our firm, we are personal injury trial attorneys. That means that we focus on people who have been involved in car crashes. It’s what we do every day. We understand the evidence that’s needed and the mistakes to avoid to ensure that the insurance company compensates you fairly and reasonably for the injuries that have been thrust into your life.

We definitely invite you to give us a call today, here at the firm, and find out more about how we can help you out. As always, legal consultations are free, so give us a call.

Will my car accident case go to trial?

We spoke with a gentleman the other day from Houston who had been involved in a car crash. He wanted to know whether or not his case was going to go to trial. He was a little nervous about it. He knew that a trial can take a long time and that he might lose some money. That was one of his major concerns: “Is my case going to actually go to trial?” We told him it really depends.

What it depends on is whether or not the insurance company decides to do the right thing. We advised him to focus on his medical treatment first. Go ahead and get better. Let the doctor do what the doctor does. Once the doctor is done and you’ve reached maximum medical improvement, then we’ll put a demand package together for the insurance company. We’ll give the insurance company the opportunity to do the right thing. We’ll give the insurance company the opportunity to compensate you fairly and reasonably in lieu of going to trial.

Unfortunately, the insurance company doesn’t always do the right thing. A lot of times, you’ll see the insurance companies just give out a lowball offer that really doesn’t compensate fairly or reasonably for the injuries. That’s why it’s really important that you hire a personal injury trial lawyer. A trial lawyer is going to make sure that the right evidence and the right witnesses are in the file from the beginning.

From day one, a trial attorney is going to make sure your case is prepared as if it’s going to go to trial. That’s really what you’re looking for. You want to make sure that your case is ready to go from day one. That puts a little pressure on the insurance company. The insurance companies know the lawyers that go to trial, and they know the ones that avoid trial and just settle. That’s why it’s really important to get with a lawyer who’s not afraid to take your case all the way to the jury down at the courthouse.

I definitely invite you to give us a call today and find out more about how we can help you. As always, legal consultations are free, so give me a call today.

After a car accident, is it a good idea to talk to the insurance company?

We recently spoke with a young lady out in Pasadena who had been involved in a car crash. After the car crash, the insurance company for the other driver kept calling her, trying to get this recorded statement. The lady was was a little hesitant. She didn’t really feel comfortable talking to the other driver’s insurance. She asked, “Should I do this, or should I not do this?”

As we spoke with her, we explained the insurance company is a business with professionals that are dedicated to keeping the money in their pocket. The insurance company is not in the business of fairly and reasonably compensating injured persons. They’re just not. They’re a business and they want to keep the money in their pocket.

By giving the insurance company a recorded statement after the crash, essentially, you’re giving the insurance company evidence against you. They’re going to want to use that recorded statement some way against you down the road to attack your credibility. They’re going to want to use that to damage your case. That’s why it’s really important to get with an experienced personal injury trial attorney who will understand that from the beginning and not allow you to give a recorded statement. A personal injury trial attorney is going to make sure that your case is in the best position possible, in case the insurance company decides not to do the right thing. We can go down to the courthouse and have a jury of your peers tell the insurance company what your case is worth.

We invite you to give us a call today. As always, legal consultations here at the firm are free, so please give us a call today.

What happens if I was in a car accident and the other driver doesn’t have insurance?

We spoke with a gentleman the other day from Lubbock who was involved in a pretty bad car crash. He was rearended by a young driver. After the crash, the other driver pulled out an insurance card that was actually six months expired. Our client realized, “Wait a minute, who is going to pay for my property damage? Who is going to pay for me to go to the doctor? Who is going to pay me for my lost wages? What’s going to happen here to me financially?”

We told him about what’s called uninsured and underinsured motorist coverage on his insurance policy. He had no idea what that coverage was. His agent just set him up with some coverage, and he just pays the premium. He really wasn’t too sure what coverage he had. As we went through the declarations page of his insurance, Portion C showed the amount of coverage he had for uninsured or underinsured coverage.

In this particular situation with this gentleman, when there is no insurance from the at-fault driver, this coverage under the gentleman’s policy kicks in. Fortunately for this gentleman, he had the state minimum limits, so he was actually protected. We were able to help him get his medical bills paid, help him get his lost wages paid, and help him get some compensation for his pain and suffering.

It’s important to reach out to an experienced personal injury trial lawyer who is familiar with uninsured and underinsured motorist coverage and how it works. They can maximize that recovery for you. We invite you to give us a call today. As always, here at the firm, legal consultations are free. We invite you to speak with us and find out more about how we can help.

How does lost wage reimbursement work?

We spoke with a mother from El Paso recently who has a couple young kids and had veen involved in a bad car crash. She had been out of work for a while as a result of her injuries, and the bills were starting to pile up. Just because you’ve been in a car wreck and can’t go to work, doesn’t mean that rent isn’t due. Her rent was due and she was worried: “What am I going to do? If I can’t work, then I can’t get paid.” One of her biggest concerns was, “Is the insurance going to pay me for being out of work? Can I get my lost wages? Can I get wage reimbursement? What am I going to do here? I need money.”

These are questions that we get quite often. In Texas, you are entitled to your lost wage compensation. If you’ve suffered a loss due to not being able to work as a result of the injuries sustained in the car crash, you can get that money back.

In cases like these, it’s important to get with an experienced personal injury trial lawyer. You want someone who’s handled this type of claim before. A personal injury trial lawyer is going to understand the evidence needed in order to recover that money for you. For example, we might need some paycheck stubs, or we might need your tax returns from the prior year – just to give you an idea of the things that we would be looking for. We might even want a letter from your employer to verify how long you’ve been out and what that actual damage is to you.

That’s why it’s important to get with an experienced personal injury trial lawyer who’s going to make sure that evidence gets in front of the insurance company and that you get those lost wages returned to your pocket where they should be.

If you have any questions, we definitely invite you to give us a call. Legal consultations here at the firm are always free, so please feel free to give us a call today.

Who is going to pay for my medical bills?

Who is going to pay for my medical billsWe were speaking with a grandmother the other day who lives in the Kingwood area, close to Houston. She was concerned because she had been in a pretty bad car crash. She had been T-boned pretty bad and ended up having to have the ambulance take her to the local emergency room. Once she got out of the emergency room, she ended up having to go to her doctor who ordered an MRI, as well as some pain relief injections. Before you know it, her medical bills were piling up and she was concerned. She’s an elderly lady on a fixed income and was worried about what was going to happen. She couldn’t afford all of these medical bills on her fixed income.

That’s a concern that we hear a lot from victims of car crashes and accidents: “Who’s going to pay for the medical bills?” Nobody is expected to have to pay all these medical bills that have gotten thrust into your life through no fault of their own. You didn’t do anything wrong, and now you’re stuck with a bunch of medical bills. Who’s going to pay for it? It’s not your responsibility.

That’s why it’s important to get with a personal injury trial lawyer. A personal injury trial lawyer is going to make sure to get all of the evidence necessary to hold the insurance company responsible for your medical bills. They’re going to make sure they get the evidence necessary in the right order and at the right time to the insurance company, so the insurance company does the right thing by paying your medical bills. In the event the insurance company decides not to do the right thing, you want to get a personal injury trial lawyer who is willing to go down to the courthouse in front of a judge and jury and fight for every dollar of medical bills that you’ve incurred so far.

We invite you to give us a call today. Here at the firm, legal consultations are always free. We would be happy to talk to you.

How much does it cost to hire an attorney for a car accident?

We spoke with a husband and wife the other day who were involved in a car crash. They were rear-ended pretty badly. The wife was driving, and she ended up having whiplash, or a pretty bad neck injury, and the husband was in the passenger seat and ended up hitting his knee on the dashboard. This happened down in Brownsville— the valley area of Texas. They hadn’t been able to work since the crash happened due to their injuries. The bills hadn’t stopped, however, and rent was still due. They have some children, so they have some other expenses related to their children, as well. Needless to say, one of the major things they were concerned about as we were talking was, “How can I pay for you? You’re probably a really expensive lawyer. How am I going to pay for you?”

We hear that concern a lot. Here at our firm, we are contingency fee lawyers. What that means is we are compensated on a percentage of the settlement from the insurance company, so no money has to come out of your pocket upfront. There is no down payment. There is no retainer. There is no hourly fee for services. Here at our firm, the lawyers are compensated by a percentage of the overall settlement, so no money comes out of your pocket.

We will also cover any expenses that might be necessary to prove your case. For example, we might need to hire an expert. That’s something we’ll pay for our of our pockets upfront. There is no money down. There is no money required from you to get us to work on your case. If you’d like to learn more, we definitely invite you to give us a call. Legal consultations are always free, so give us a call today. We can talk about your case and how we can help you out at no upfront cost to you.

Call Our Texas Car Accident Attorneys

If you’ve been injured in a car accident that was someone else’s fault, contact us as soon as you can. We want to fight for you and take the burden of your legal case off your mind. We have the experience to investigate, prepare, file, negotiate, and even go to trial on your behalf if necessary. We’ll help you build the strongest possible case to hold the liable party responsible for your damages. You deserve justice, and we want to get you full and fair compensation for your injuries. Call our Houston car accident attorneys today and get your free, initial consultation.

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