How to file a car accident claim in Texas
You've been in a car accident. Now what? It can be a very upsetting experience that can throw your life into chaos. Many people aren't sure what to do next and have lots of questions. The attorneys at Tracey & Fox have prepared this basic guide about how the process works.
It will take time to sort out everything. If you are injured, the most important thing is getting the medical attention you need. There will also be expenses related to your accident that can add up before you receive any compensation. We can help you keep track of those. And if you have trouble paying medical expenses, we may be able to help with that.
Getting legal advice
This is the best way to make sure your rights are protected. Your case may be more complicated than it seems. There may be other parties involved. Insurance companies may try to pay you less than you are owed. It's always a good idea to talk to an experienced attorney to see where you stand. And it won't cost you a thing. We offer a free case evaluation and can advise you of your legal options.
If you choose us to represent you, we will conduct our own investigation of what happened and build a solid case. In general, we need to be able to show that:
- The negligent person had a duty to keep you safe
- The party was in breach of that by acting negligently
- The other party's breach of that duty resulted in your injury
As part of our investigation, we'll conduct a thorough review of all documents, including police reports and medical records. We'll talk to witnesses to get their accounts of the accident. We can seek data from the other car's data recorder, or "black box." This can have information such as the car's speed, and whether brakes were applied just before the accident. If needed, we will bring in experts to analyze the evidence.
Filing the claim
Next, we submit a complaint to the court, along with a suggestion for compensation. When determining the value of your claim, we consider many different factors. This includes the affect the injury has had on you and your family. We will consider medical expenses, lost wages, loss of earning capacity and any disfigurement or physical impairment. We can also consider damages (financial compensation) for pain and suffering and emotional distress, and possibly punitive damages.
Fighting for your claim
Next, we work to get you the compensation you are owed. Because of our past success, we are often able to negotiate a settlement that's right for you with the insurance company. But we will be ready to fight for you in court, if that's what it takes. You don't owe us a penny unless we win.