Serving Houston Victims in Car Accident Claims and Lawsuits

If you are injured in an automobile accident, you should take the following steps to protect your physical health and future claim:

1. If your injuries allow, take photos of the accident scene so you can document your case. This includes pictures of the vehicles, any collision debris, the weather, and road conditions.
2. Gather the names and contact information for any witnesses of the crash.
3. File a police report to begin the documentation trail of your accident.
4. Seek medical attention and inform your doctor about your accident. Describe all your injuries, aches and pains.
5. Retain copies of your medical records and bills.
6. Gather any information that will support your claim. This could include additional photos of the accident, statements from witnesses, photos of your injuries, and copies of your medical records.
7. Contact an experienced car accident lawyer who specializes in roadside collisions and injuries.
8. Avoid signing any documentation or statement until you have spoken with an attorney.

It is important that you seek medical help after a car accident!

For any serious or life-threatening injuries, you should immediately go to the emergency room for treatment. Serious injuries would include things like whiplash, severe burns, broken bones, severe trauma, uncontrollable bleeding, and breathing difficulties.

For lesser injuries or symptoms, you should go to urgent care. But keep in mind, adrenaline can mask injuries, so you should visit an urgent care even if you don’t feel like you absolutely need to.

This varies by state, but in Texas, this is set at two years from the date of the accident. The statute of limitations for car accident claims is the same timeframe Texas uses for most personal injury claims.

You should contact the police to investigate the auto accident and create a police report. This will allow you to use this report for your personal injury claim and settlement.

The report will include key data points such as:

• Date and time of the accident
• Location of the accident
• Details about the weather and road conditions
• Parties involved in the collision
• Contact information of the witnesses
• Statements from the involved parties and witnesses
• A diagram of the scene
• Any citations or violations that occurred
• Suggested cause of the accident and possible fault

Car accident settlements will vary from case to case. There is no possible way to predict how much compensation an injured person should get at the time they consult with an attorney. The case details, the severity of injury, and the individuals at fault will all influence the compensation provided. This is best discussed with the attorney in person at your consultation.

Representation is extremely important. If you have been hurt by a car accident, let me serve as your advocate and help you maximize your settlement. An injured party will always gain a better financial result by hiring an experienced attorney versus handling the claim on your own.

Yes, anyone can negotiate a car accident settlement; however, both paperwork and patience will be required—not to mention experience. The negotiation process can also feel intimidating and confusing without assistance. Would you know how to handle a 3rd party healthcare subrogation lien? A Medicare lien? These are all things an experienced attorney will handle as part of your complete injury claim.

The personal injury claim process (once the client is finished with medical treatment) starts with a formal demand letter and documentation of the entire claim. This would be followed by investigation by the insurance company and an insurance adjuster’s offer of compensation. It is at this point that the negotiation process would start.

Since you will need to provide support for your claim and have a good understanding of the claims process, it is best to consult with an experienced accident attorney who can help verify you get the most compensation for your medical bills, expenses, pain, lost wages and suffering.

Some cases last only a few months and others could last years. The timeframe varies from case to case and depends on the court’s calendar and how many other cases are ahead of you. It is important to remember that most car accident claims do not go to court, which would help decrease the time for resolution.

From my 20 years experience, about 80% of personal injury cases settle outside of court.

Yes. In Texas, you can sue for compensation related to pain and suffering. Texas courts recognize the impact that pain and suffering can have on accident victims, and they allow injured parties to seek financial compensation for these damages.

Almost any type of emotional, physical, or mental harm resulting from an auto accident can qualify as pain and suffering. These would include, but not be limited to, the following items:

• Emotional distress or grief
• Short-term physical pain or discomfort
• Long-term chronic pain or discomfort
• Disability such as a scar or disfigurement
• Loss of a body part due to amputation
• Loss of an important bodily function
• Psychological trauma such as PTSD (post-traumatic stress disorder)
• Anxiety
• Depression
• Diminished quality of life

The jury or judge may calculate pain and suffering damages in virtually any manner; however, in most cases the calculation is based on a multiplier method or a per diem method.

The multiplier method takes into account your loss and multiplies this by the severity of your injuries. The per diem method is based on the days it takes for you to heal from your injuries.

Each case is unique, so it is best to discuss estimated calculations with your lawyer.

An active health insurance policy generally covers medical treatment for injuries related to car accidents.

If you’re a passenger and you are injured in a car accident, you have a right to file a personal injury claim against the driver of your car and/or the driver of the other vehicle.

Your attorney can help you determine which parties should be included in your claim.

If you are a pedestrian who was hit by a moving vehicle, you should be able to file a personal injury claim if the driver was at fault. This claim would cover medical bills, loss of income, and compensation for pain and suffering.

Generally speaking, if a minor is in a car accident, a legal guardian can be responsible for property damages, but not personal injuries. However, each case is unique, so it is important to discuss the car accident with an experienced lawyer.

In Texas, if the other driver in your collision is an uninsured motorist, you have three options for filing a personal injury claim and obtaining damages:

1. File a Personal Injury Protection (PIP) claim, request for Uninsured Motorist Bodily Injury coverage, or a request for Underinsured Motorist Bodily Injury coverage with your auto insurance company.
2. File a claim against a liable third party, which could be the employer of the driver or the bar that provided alcohol to the driver (in the case of a DUI).
3. File a lawsuit against the uninsured motorist and seek compensation from the driver’s personal assets.

Because those are three very different options, it would be best for you to seek professional guidance with an experienced car accident attorney.

If you are the victim of a hit and run accident, you could still be eligible for compensation. You need to file a police report, so the police can investigate the incident and locate the driver, if possible. If found, the driver may be subject to fines and jail time.

If the police do not catch the hit and run driver, you could still seek compensation through your own Uninsured Motorist Bodily Injury or Underinsured Motorist Bodily Injury coverage if this is available.

Not necessarily. Premium increases are influenced by who is at fault. If you are making a personal injury claim for a car accident, you are most likely not the driver at fault.

I can answer all these questions for you. But most importantly, I can get your claim in order so that you can maximize your recovery. And there will never be a fee unless there is a recovery made for you!

You do have the legal right to take your vehicle to be repaired at your preferred location; however, an insurance company can set the maximum repair cost at the same amount of their adjuster’s bid.