Obtaining Compensation After a Texas Car Accident

If you were recently injured in a car accident, two things are bound to happen. First, you could have some minor whiplash, but after resting for a few days return to work and life as regularly scheduled. The second possibility is that you are injured to the point of not being able to return to work. Without returning to work, how are you going to pay your mortgage, medical bills, and expenses that resulted from the accident? This is where a car accident compensation lawyer comes in. 

A car accident compensation attorney will advocate for your rights to big insurance companies that wish to deny or underpay your claim while also holding the responsible party liable for your economic and non-economic damages. 

How Long Do You Have to File a Car Accident Claim in Texas? 

In Texas, injured car accident victims have two years from the date of the incident to file a claim. This window is known as the statute of limitations. Once it closes, so does your ability to collect compensation via a personal injury claim. 

Understanding these filing limits is imperative to collect the compensation you need. This is why you should hire a car crash lawyer as soon as possible. Doing so will take the pressure off your shoulders, since the lawyer is the one who will file the claim within this timeframe. 

Determining Liability in Texas Car Crashes

Once you hire a car accident compensation lawyer, they will investigate the details of your case to determine liability. This is important, as proving fault for the accident will determine who is responsible for covering the cost of your damages, both now and in the future. This process is the result of Texas being an at-fault insurance state. 

In Tyler, Texas, determining liability comes down to three main factors: 

• The other driver owed you a duty of care
• That duty of care was breached
• The breached duty of care resulted in compensable damages

Here’s an example: All drivers owe a duty of care to everyone else on the road that they will drive safely. However, the driver who hit you was intoxicated and over the legal limit. They breached the duty of care owed to you and every other driver on the road. If they hit you and you suffered a severe spinal cord injury that now requires a wheelchair and ramp to be installed in your home, their breach of care led to your injuries and the economic damages you’ve now accrued. 

Compensation recovery lawyers determine this liability by hiring accident reconstructionists, reviewing photographic and video evidence, talking to witnesses, obtaining police reports, and looking at your medical records. These elements combine to help your lawyer paint a picture of the totality of your damages. 

Navigating a Modified Comparative Fault State with a Car Accident Compensation Lawyer

Though Texas is an at-fault insurance state, it is also a modified comparative fault state. This means that to recover compensation from the negligent party, you must be less than 50% responsible for the accident. 

Taking the example mentioned above, a drunk driver may have severely injured you. However, if you ran a stop sign or weren’t wearing your seatbelt, you could have partial responsibility for the accident and your injuries. Your car accident compensation lawyer will do everything they can to find proof that you are not responsible for your injuries so you can get the money you both need and deserve. 

This fact usually sneaks up on car accident victims who may not realize the challenges they’ll run into when pursuing a car accident claim, further highlighting the importance of hiring a car accident compensation lawyer to represent you. 

Compensable Damages for Car Accident Victims

If you were injured in a car accident in Smith County, you may be able to be compensated for the following damages: 

• Loss of income, including future loss
• Medical expenses, including surgery, rehabilitation, and more, both now and in the future
• Prescription medicine costs
• Home accommodations, such as installing a wheelchair ramp
• Property damage to your vehicle
• Pain and suffering
• Loss of consortium (loss of spouse)
• Replacement costs, including childcare and yard work, etc. 

A skilled motor vehicle compensation lawyer can help you recover these damages and more. 

Need Help After a Car Accident? Contact a Car Accident Compensation Lawyer at Vickery Law Firm in Tyler, TX for a Consultation

The aftermath of a car accident is challenging. But with the help of the right car accident compensation lawyer, it doesn’t have to be. 

The team at the Vickery Law Firm has years of experience representing Tyler, Texas, residents who have been severely injured in a car accident and need compensation to pay their bills and medical expenses. During recovery, you have enough to think about. Let the Vickery Law Firm team think about – and handle – the rest. Contact us today at  (903) 504-5490 or via email at ron@vickerylawfirm.com. We’re here to help!