Being involved in a car accident is an extremely stressful situation for anyone. If you’ve been involved in an accident numerous questions come into mind.
What should be expected? Should the police be contacted? Does the injured party need to work directly with an insurance company, or should he or she hire an attorney? Here are a few tips that may be helpful when facing the unfortunate situation of being injured in a car accident.
Should the Accident Be Reported?
Texas law requires drivers to file out a Crash Report, Form CR-2 within ten days after an accident occurs that has not been investigated by the police but resulted in either property damage greater $1,000, injury or death. If the police investigate the crash, they are normally the entity responsible for filing the report.
Additionally, once the accident has occurred, the parties need to exchange contact information, as well as insurance information with all drivers involved. Take notes of any road conditions or weather conditions that were involved at the time of the accident. Also, take pictures of the vehicles and the damage sustained.
Statute of Limitations
It is imperative to know what the state’s statute of limitations is for how long an individual has to file a legal claim. This deadline is known as the statute of limitations, and it is two years from the date of the accident. If the individual waits past that two-year period, they will be barred from pursuing compensation for his or her damages or injuries.
Insurance Claim
Since Texas operates under a fault system, the injured driver may file an insurance claim against the at-fault driver through that driver’s liability insurance policy. Under fault insurance, the at-fault driver is liable for any damages or injuries caused by them in an accident.
The insurance company must make a decision, whether to accept or reject the claim, within 15 days of receiving necessary information for making a determination. If the insurance company denies the claim, this denial must come with an explanation. If the insurance company accepts any part of the claim, the company must pay within five business days.
Settlement Negotiations
The settlement negotiations will hinge largely on how willing the parties are to settle and whether the other party is willing to admit fault for the accident. The insurance company will first want the parties to sign a release that states that the parties will not file more claims related to the same accident. This waiver should not be signed unless the parties are satisfied that the total settlement amount will cover all damages sustained.
If negotiating with an insurance company, it is almost always recommended that the unrepresented party have legal representation to protect his or her rights in the negotiation process. An attorney will also be able to work with the client on an accurate and fair settlement figure.
Most insurance companies will do their best to try to low-ball the client on the first offer, so it is important to have an advocate on the side of the injured party to make sure the settlement is actually just and fair. However, the Texas Insurance Code does prevent insurance companies from engaging in “bad faith practices,” such as knowingly giving an unfair or extremely low offer or denying or undervaluing claims.
Legal Process
The first step is to file a complaint in state court. The claimant is the named plaintiff, and the at-fault party is named as the defendant.
The defendant must then be served with a summons for a court date, which is normally a preliminary or pre-trial hearing. The longest process of the personal injury legal claim is the pre-trial motions and gathering of discovery or evidence to help prove the claim. Throughout this process, the parties are normally still negotiating a potential settlement, if at all possible. Many times, a settlement may even occur up to the day of trial, although this is not preferable. However, if the parties are not able to settle on a damage amount or settlement, the case will either go to a jury trial or bench trial in front of a judge who will make the determination of fault and damages.
After a verdict is issued, appeals are often common, which can take up to months if not years to finally resolve. It is often for this reason that many parties prefer to settle outside of court. The process is much shorter, and damages are paid much quicker than what would happen if the case goes all the way to trial.
CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:
We can help you if you have been harmed by the following:
- Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
- Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
- Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
- Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
- Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
- Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
- Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.
ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS
