Call the police. If you are injured, seek medical attention immediately.
If you are not severely injured, collect all pertinent information from the other drivers—driver’s license numbers, address, telephone numbers, vehicle make, model and year, insurance card information, etc. Keep a daily journal beginning with the date of the accident to document all physical and mental injuries, as well as document your view of the accident.
Even if you or your loved one was partially at fault, you may recover compensation. Texas follows what is called a comparative fault rule: If you are 51% or more at fault for your injury, then you will be prevented from recovering compensation, however, if you are found to be only 25% at fault, then your recovery of funds will be reduced by that percentage of fault. In other words, if you are awarded $1 million by a jury, and that jury finds you 25% at fault, then you can only recover $750,000.00.
Insurance companies are in the business of shifting blame onto victims. Husain Law + Associates, P.C. will fight the insurance bullies on your behalf; call us today, 713.800.1200 for a free consultation.
The three categories of issues that typically arise in a tort claim after an automobile accident are:
Liability – who is at fault and to what degree
Damages – injuries or losses that were caused by the accident
Insurance Coverage – what the insurance company will pay for after an accident
A claim for injuries usually is based upon carelessness or negligence. In worse case scenarios, it involves an intentional or reckless act.
You should not take any settlements offered by an insurance company without first speaking with an experienced Texas auto accident lawyer. Insurance companies typically offer a minimal amount of money in return for your signature stating that you will not sue them. Never take an insurance check without first consulting an attorney.
If you suffer injuries from a car accident, you will likely have medical bills from physicians, hospitals, physical therapists, and other healthcare providers. Under Texas law, you are primarily responsible for paying your bills, regardless of the cause of your injuries. The at-fault person’s liability insurance carrier is responsible for paying you reasonable compensation for damages incurred, which includes medical bills, but the insurance carrier is not responsible for paying your doctors, hospitals, and other providers. Sometimes the amount the insurance company is willing to pay is far less than the actual amount you owe.
Personal injury claims can be resolved in a matter of a few weeks or months. However, they can take up to several years depending on the complexity of the case. It is best to speak with an experienced Texas personal injury attorney about your specific case.
Each case is unique and the experienced trial lawyers at Husain Law + Associates, P.C. will tailor an aggressive strategy for your unique case; call us today, 713.800.1200 for a free consultation.
A permanent injury is an injury that will be with you for the rest of your life or for some period beyond the settlement of the claim. In most cases, the injured party is entitled to compensation from the at-fault party or their insurance company for all medical bills incurred to date and into the future for all injuries caused by the accident.
You should immediately consult your medical provider regarding any pain, discomfort or possible injuries from a car accident; even if you think they may be only minor injuries. Even if you did not complain of injuries at the scene of the car accident, you may be entitled to payment of your medical bills, compensation for pain and suffering, lost wages, loss of earnings capacity, and emotional distress due to personal injuries. You should consult an experienced Texas car accident attorney to discuss whether you need representation on your claim; call us today, 713.800.1200 for a free consultation.
Usually, yes. Texas law states that you must maintain a safe distance to be able to stop safely if a car stops in front of you. However, even if you or your loved one was partially at fault, you may recover compensation due to the state’s comparative fault rule.
Suppose that Jane is involved in a car accident with Nick, who has no insurance and Nick was 100% at fault. If Jane has uninsured motorist insurance, she will be able to collect from her insurance company. Her insurance company may then sue the uninsured driver. This lawsuit is known as a “subrogation” lawsuit. While Texas does not require uninsured motorist coverage, you may wish to consider purchasing it because of the protection that it provides. Unfortunately, there is a significant majority of individuals who drive vehicles and who do not have insurance.