Compensation for Car Crash Injuries
Were you hurt in a car wreck that was someone else’s fault? If so, they’re probably responsible for your losses. That means they may have to pay for damages like medical bills, lost wages, and pain and suffering. But, it’s up to you to prove that the accident was the other driver’s fault. It’s up to you to prove that the accident caused your injuries. And, it’s up to you to prove the amount of damages. Most people don’t have the knowledge and experience necessary to fight the insurance company. The best way to protect your car accident case is to talk to an experienced Texas car accident lawyer as soon as possible.
Negligence in Car Accident Cases
Most injury cases, including car accident cases, are negligence-based. Legally, a person is negligent when they have a duty to do something and don’t. Drivers on Texas roads have a duty to drive safely and obey traffic laws. If they don’t do that and they hurt someone, they can be held responsible.
There are many ways a driver can be negligent. Some common examples are:
- Driving under the influence of alcohol or drugs
- Driving while too tired to operate the vehicle safely
- Driving too fast for conditions
- Texting while driving, or any kind of distracted driving
- Driving with faulty brakes, bad tires, or other dangerous equipment
- Running a red light or stop sign
All of these types of negligence are against the law. They’re also far too common. For example:
- According to the National Highway Traffic Safety Administration (NHTSA), thousands of people die in distracted driving accidents every year.
- The National Safety Council (NSC) says speeding plays a role in nearly 30% of traffic deaths.
- According to the NSC, driving while fatigued causes about 100,000 crashes each year.
- The NHTSA says someone in the U.S. dies in a drunk driving crash about every 39 minutes.
Starting a Claim after a Car Wreck
If the driver who hit you had auto insurance, the claim is filed with the insurance company. The insurance company or their lawyer negotiates settlements. If a car accident case goes to court, the insurance company pays the lawyers. And, if you win a verdict against the negligent driver, the insurance company pays you.
It’s probably no surprise that insurance companies don’t like to pay. As soon as they find out about your car accident, they go to work trying to avoid paying you. So, it’s best not to talk to them. The best way to protect your claim is to talk to an experienced Texas car crash lawyer right after your accident. When you hire an attorney on the I Just Got Hit (Godsey Martin, PC) team, we’ll manage every aspect of your claim. The insurance company will have to talk to a seasoned professional who knows all their tricks.
What to Expect in a Car Accident Case
Every car accident case is different. For example, some cases settle and others go to court. Some law firms like to settle every case. Our team is committed to doing what’s best for you. We have the resources and experience to take your injury case to trial, and we won’t hesitate if that’s right for your case.
Here’s what you can expect from our car accident attorneys:
The first thing we’ll do is listen. We know the law, but only you know what happened to you. Then, we’ll assess your case, explain your options, and offer advice.
If you didn’t open a claim with the at-fault driver’s insurance company before hiring us, we’ll do that for you. We’ll handle all communications so they never get the chance to trick you into saying something that might hurt your case.
Next, we’ll investigate and start gathering evidence. That’s an involved process that includes:
- Requesting and reviewing your medical records
- Collecting video footage and other evidence from the scene
- Locating and talking to witnesses
- Working with experts such as medical professionals, accident reconstructionists, and economic experts
- Using the discovery process to get information from the other driver
- Getting witnesses on the record with depositions
Of course, this is only a high-level list. The type of investigation required and the evidence gathered depends on the case.
All of this information-gathering builds your case. We’ll use what we learn in negotiations with the insurance company. If they make a good offer and you agree, we’ll settle your case. If we think you deserve more and you agree, we’ll ask for a trial date. The information we collected will become evidence for the jury.
Damages in a Texas Car Accident Case
People who have been injured in car crashes often ask how much their claim is worth. The answer is different for everyone. Some of the factors that determine the value of a car accident claim include:
- How seriously you were injured
- Whether the injuries are temporary or permanent
- The cost of your medical care, including future care
- The cost of other assistance necessary because of your injuries
- The amount of income you lost during recovery
- Whether your future earnings will be impacted
- If the injuries are permanent, your age
If the driver who hurt you doesn’t have enough coverage to pay for your damages, they can be held responsible for the difference. But, not every careless driver has assets you can go after. If the policy limits aren’t high enough to cover your damages, we will investigate the responsible driver’s finances to see whether you can collect from them directly.
Protecting Your Car Accident Claim
When you hire an I Just Got Hit attorney, we’ll do the hard work. We’ll manage the deadlines, draft the documents, collect the evidence, handle negotiations, ensure all technical requirements are met, and prepare for trial. But, you have to take care of yourself and your claim. That means:
- Avoiding talking to the insurance company
- Getting checked out by a doctor right after the crash
- Not ignoring any symptoms or waiting and hoping they’ll get better
- Following doctors’ orders
- Getting all tests ordered for you
- Attending physical therapy, counseling, or other care recommended
- Avoiding posting about your case on social media
- Not overdoing it in a way that could re-injure you or slow your recovery
Always remember that the insurance company will use anything they can against you. They may take your words out of context. They may use social media photos to suggest you aren’t as badly injured as you say. They may blame you for the extent of your own injuries if you didn’t get proper medical care. We need you to do your part while we do ours.
What Our Clients Say
“Today I spoke with Amanda Collins and she was just wonderful. She was very attentive and understanding. She was patient and kind, she answered all of our questions clearly and respectfully. Thank you so much Amanda! Making a difficult situation seem so easy.”
“Amanda Bell has been great. She’s been very diligent with checking in and keeping me up to date with what’s going on with my case. I never have to worry myself with calling her to get info because she’s on top of it and always informs me promptly.”
“I want to take the time out to have Mr. Garza and Ms. Mendoza recognized for their extensive professionalism and also for their continued dedication to see me through my case! I was being given the run around and they fixed that quickly! Thanks for being a listening ear Mr. Garza and for always leaving a line open for me to reach you with my concerns!”
“I called Godsey Martin right after my daughter and I were hit by a drunk driver on the highway. They were very helpful in getting us set up with the medical care we needed and getting us a fair settlement through the drivers insurance. Priscilla Nowlin was my point of contact and kept me up to date with every step of the process. She responded quickly and was very professional. I am very grateful for her and for the Godsey Martin team!”
“Priscilla Nowlin was a great help and very responsive. The process was painless and my settlement exceeded my expectations. Priscilla was very professional and when I notified her of a death in my family she very understanding, she let me know they would continue to work on my behalf and to just focus on my family. Thank you Godsey Martin for having such a great staff who just don’t see you as a client but a human being which is often lost with some law firms.”
Give Yourself the Advantage of an Experienced Texas Car Accident Lawyer
Our attorneys are dedicated to helping injured Texans get the compensation they need. We know how stressful it is to be injured, unable to work, and uncertain about your next steps. That’s why we make it as easy as possible to get the help you need. When you click the free case review button below, you can get your case started in seconds. We never charge a fee until we win your case, so you won’t have to worry about upfront costs. Just schedule your free consultation to get started, and we’ll do the fighting for you.
Texas Car Accident FAQs
In 2022, 1,162 people were killed in alcohol-involved accidents on Texas roads. That’s more than 25% of all Texas traffic fatalities for the year, and about three deaths each day. There were tens of thousands of additional drunk driving accidents that weren’t fatal. 414 people were killed by distracted drivers. Other common causes or contributing factors to car crashes in Texas include speeding and driving while fatigued.
It’s important to note that many automobile accidents have more than one causal factor. In some cases, both drivers bear some responsibility. The best way to get more information about whether you have a car accident claim against another driver or a third party is to talk to an experienced car accident lawyer as soon as possible after your accident.
The answer depends on how much of the responsibility you bear. You may still be able to recover some damages if you were partly to blame for the accident or your injuries, but only if you are not more than half responsible.
You might share responsibility if you and the other driver were both negligent. For instance, if the driver who hit you ran a red light, that makes them at least partly responsible. But, if you could have avoided the collision but weren’t paying attention because you were looking at our phone, you may also be partly responsible.Proving the percentage of liability for each party can be complicated, and is best tackled with the help of an attorney who has extensive experience with Texas car accident claims.
Seek medical attention if you need it, or if you are unsure whether you need it. While there are many other useful things you can do after your accident, such as collecting contact information from witnesses, medical care is the most critical. Delaying care can make your injuries worse, meaning a longer, harder recovery period. In some cases, neglecting medical treatment can turn a temporary injury into a permanent one.
If that happens, the responsible driver’s insurance company will probably argue that they aren’t responsible for all of your medical treatment and lost work time, because you would have recovered faster and with less treatment if you’d seen a doctor right away and followed their instructions.
If you’ve been injured in a car accident, you’re probably wondering about how much you can expect in compensation. There’s no one-size-fits-all answer to that question. Of course, the compensation available depends on the seriousness of your injuries and the costs associated with them.
Other factors also affect the value of your claim. These include the quality of the evidence, whether you were partly at fault, the insurance company involved and more. When you schedule your free consultation with a car accident lawyer at I Just Got Hit (Godsey Martin), we’ll look at the specifics of your case and give you a general idea of the types of damages you may be entitled to.