Below are several of the most common questions we have received over the years. Information is available in article form as well as video format. Just click the link below to find the answers to your questions.
What if I was not wearing a seatbelt at the time of my accident, can I still recover damages?
There is a defense in the world of personal injury litigation known simply as the “seat belt defense.” The seat belt defense can actually reduce the recovery amount that is awarded as the direct result of a vehicular accident if the claimant was not wearing their seatbelt at the time. Even if the vehicular accident was caused by another driver, damages may be considerably less due to the claimant’s failure to wear a seatbelt. The seat belt defense is not limited to drivers seeking compensation from an automotive accident injury but also applies to passengers who may have been injured during a wreck and seek compensation for their wounds. By speaking with a trained attorney, you can discover whether the defense is available in your particular region and how it could factor into your case. Give us a call today!
If the accident was my fault & the driver’s fault as well, can I still recover compensation?
In this case, your insurance company will send out a representative from their company and survey the damage of your vehicle. Depending on your particular insurance policy, you may be able to receive compensation for losses. These losses include your vehicle’s destruction and damage levels. If both drivers are at fault, it may be harder to receive compensation for medical bills and loss of wages, especially from the other driver’s insurance company. Your insurance company, however, may cover these damages. You need to call the company as soon as you have the necessary information from the accident. Speaking with an experienced attorney is also a great first step. In any case, be sure to have all of the information from the crash, the other driver’s insurance information, and any police or witness reports from the scene.
How soon do I need to bring my legal claim against the other driver?
It’s best to speak with an experienced attorney as soon as possible. The time limit to take legal action varies, and your insurance provider may have a specific policy on timelines. For starters, then, you need to read through your particular insurance policy’s terms of service. This information will detail how and when to file. The nature of your injuries, for example, may change the time frame you have to file a claim. In the end, filing as soon as possible is the best option. If you wait too long, you risk losing the opportunity to file anything. It does take time to fill out the appropriate paperwork and speak with the correct authorities on the matter, so you should not hesitate to get started. The sooner you get the task over with, the sooner you can relax and put your mind at ease.
What information do I need to collect after an accident?
The time immediately following an automotive accident can be incredibly stressful and confusing for those involved. Before collecting any contact or insurance information, we must insist that, as the driver, you should assess any wounds and be sure everyone involved is okay. Do not admit fault, however. Then, and only then, go about collecting necessary information. For starters, you want to gather some basic information, including the other individual’s personal information (name, address, date of birth, contact details, insurance provider, and policy number). Second, acquire whatever police information, witness information, or damage information you possibly can. It is a good idea to write down your personal account of the accident, too. An insurance representative may not contact you immediately, so being able to recount the accident in as much detail as possible will be useful. Remain consistent while discussing the incident with the insurance representative.
When should I contact a lawyer?
For small injuries, it is entirely possible to file a personal injury claim directly with the insurance company. However, an accident attorney can help fight against large auto insurance companies and their team of specialized lawyers. Your attorney knows the personal injury laws in the region and can act on your behalf in a court of law. You should reach out to an experienced lawyer shortly after the accident has occurred. If you have suffered from severe injuries, are facing expensive medical bills, or have experienced loss of wages due to your injuries, you need to call a lawyer as soon as possible. While you certainly do need to file a claim with the insurance company, you do not have to handle the situation completely alone at any time. Give one of our experienced lawyers a call today!
What kinds of damages can be recovered in a wrongful death lawsuit?
The death of a loved one may take an emotional toll on the entire family. Unfortunately, this death can also cause extreme financial hardship. The law clearly states that a surviving family member or spouse may file a wrongful death claim against those involved with the accident of their deceased family member. By filing such a claim, surviving family members may receive damages in the form of compensation for their loss. The damages you can receive include medical expenses, mental or physical pain and suffering, the deceased’s lost wages, and funeral and burial expenses. On the other hand, another category of potential damages aims to replace the value of money the deceased individual would have made if not for their death. This particular category was designed to further help those left behind by the deceased. To file a claim, you should speak with an experienced wrongful death attorney as soon as possible.
What is the statute of limitations for filing a wrongful death claim?
In the state of Texas, you have up to two years to submit a wrongful death claim. If you do not file the wrongful death action within this time frame, you are barred from filing the claim altogether. The individual suing must examine specific rules governing when the statute of limitations period actually begins to run. Sometimes this time frame will begin from the moment of the death itself, while some only begin when the cause of death has been discovered. It is useful to examine the rulings in your area to file a wrongful death claim properly. Wrongful death includes neglect, carelessness, and unskillfulness from the party who causes the death of another individual. The surviving spouse, child, or parents may file the wrongful death – no one else! Alternatively, a group of these people may submit the claim together.