Car accident injuries can leave you with expensive medical bills, injuries that keep you from work, and intense pain and suffering. These damages deserve fair compensation, but defendants and insurance companies often try to save money by paying low damages.
When you work with our experienced lawyers, we can investigate what your case is really worth, accounting for all economic and non-economic damages in your claim. We can work to settle the case without having to go to court, but if the insurance companies refuse, we can sue and fight the case before a jury.
Contact the car accident lawyers at Cap City Injury Attorneys at (512) 612-3110 for a free case evaluation.
Do I File a Lawsuit or an Insurance Claim for a Car Accident?
Texas law allows victims to go straight to court if they are injured in an auto accident, but insurance is there for a reason. Many times, insurance claims can pay damages quickly and in full, making it so you don’t need to go to trial to win your case.
However, insurance companies often give low settlements that cannot compensate you in full. Only through negotiations with car accident attorneys can you bring up these settlement offers to a fair value.
Even then, some insurance companies refuse to play ball based on the facts of the case or potential issues with accepting liability. In these cases, we can fight the case at trial and let the jury decide.
What is My Case Worth?
Damages in any injury case are based on what the victim personally suffered, not what any particular type of injury is worth. This means we need to break down the actual economic and non-economic damages you suffered to calculate your case’s damages.
Economic Damages
Most car accident cases involve at least these three areas of economic damages:
- Medical bills
- Vehicle repair/replacement costs
- Lost wages.
If you suffered any injuries that needed medical treatment or kept you away from work, you will have medical bills and lost wages. Meanwhile, vehicle damage is a given in a car accident case.
However, you can claim other damages too for any expenses you face (childcare costs, hospital parking) because of the accident.
Non-Economic Damages
On top of that, serious car accident injuries harm you physically, mentally, and emotionally. Non-economic damages pay for these damages that have no price, such as
- Physical pain
- Mental suffering
- Emotional distress
- Mental anguish.
You may also claim some damages for the intangible harm your family suffers, such as “loss of consortium” damages for your spouse.
Calculating Damages
Bills and financial records can show the economic damages, but we must also project future lost earnings, future medical care needs, and other ongoing costs. Putting a price on pain and suffering also requires some calculations that our car accident attorneys can guide you through in your case.
What to Do After a Car Accident
After a crash, take the following steps:
Call the Police
You need to call 911 and report any accident involving injuries or death. When you do so, the officers will come out and write up a report about the accident, which is helpful if you need to go straight to the hospital and cannot collect evidence yourself.
Get Medical Care
When you call 911, also request an ambulance. The EMTs can treat your injuries and take you to the hospital, where you can continue treatment. Follow through with all care you need, such as physical therapy. We can claim the full cost of this care as damages.
Collect Evidence
Back at the scene of the accident, if you are able to stick around before going to the hospital, try to collect the following evidence:
- The names and contact info of everyone involved
- The driver’s insurance and vehicle info
- Lighting, weather, and roadway conditions
- Time and location of the crash
- Whether any street signs or signals controlled the intersection/roadway where the accident happened
- Whether any nearby security cameras might have caught the accident
- Whether anyone had a dash cam that caught the crash on video.
Call a Lawyer
Do not worry about reporting your accident to your insurance company or filing insurance claims until you call us first. We can help you collect additional evidence, file your claims, and even file a lawsuit to help pressure the insurance companies into settling so they can avoid the extra time and expense of trial.
Do not accept any money or sign anything without having your lawyer review it first.
Can I Talk to the Insurance Companies on My Own?
You may be required to report your accident to your own insurance company, and the defendant’s insurance company may offer you a settlement for your car. Do not talk to them, do not accept money, and do not sign anything without having your lawyer review it.
Insurance Should Talk to Your Lawyer, Not You
First, once you are represented, the insurance company should call us, not you.
Do Not Talk to Insurance Adjusters
Second, you should avoid talking to the insurance company – and if you do have to talk to them, speak with your lawyer first and explain only the facts, not your opinions. Never apologize or admit fault, and do not lie or speculate.
Do Not Accept Money or Sign Anything
Lastly, if you sign anything or accept any money, it could end your case as a settlement. Do not do this; run everything by your lawyer first.
What is the Process of a Car Accident Case?
All cases begin with the aftermath of the accident. Call 911, report the accident, collect evidence, and get medical care.
Calling a Lawyer
Then, call a lawyer. From there, we can collect evidence and start building your case.
Filing Claims
We can also begin the claims process by filing an insurance claim. We will write them a letter explaining all of the damages we are demanding, and if they pay it, the case is over quickly.
In most cases, they will refuse, which starts negotiations. At any point, we can still settle the case if you want to.
Going to Court
If the insurance company is not cooperating or refuses to settle the case, then we can take the case to court. There, the judge pushes the case along through the various stages of trial, and the jury will decide fault and damages.
“Courthouse steps” settlements can be made all the way up to the day of trial if the defense changes their mind and decides to pay you a fair settlement.
FAQs for Car Accidents in Kyle, TX
How Long Do I Have to File My Car Accident Claim?
The statute of limitations in Texas gives victims 2 years to file most car accident claims.
Do I Need a Lawyer?
You can technically represent yourself, but without legal training – and even if you have legal training in the wrong areas of law – it can be difficult. Focus on your injuries and allow us to handle the legal side of things for you, negotiate with insurance, and fight the case in court.
What is Pain and Suffering?
Pain and suffering damages – along with other areas of “non-economic damages” – pay you back for the intangible harms you face. These are things that have no bills, like your physical pain.
How is Pain and Suffering Calculated?
There are a few accepted shortcut methods for calculating pain and suffering, such as using a multiplier or obtaining a per-day value for your suffering. In any case, it is important to have a lawyer assess your individual case, the individual effects of the injury, and how serious the effects are, instead of uncritically trusting these calculation methods.
What Does My Insurance Cover?
Texas uses an at-fault car insurance system, meaning the at-fault driver’s insurance covers your crash. However, your policy might have coverages that can help cover some damages:
- Collision coverage pays for vehicle damage, regardless of fault, with a deductible for repairs.
- Medpay covers the cost of medical treatment after a deductible.
- Uninsured motorist coverage pays for your damages if the defendant had no insurance.
- Underinsured motorist coverage picks up the difference if the defendant’s policy limit was too low to cover your damages.
Can You Get Full Compensation Through Insurance?
When you use your own coverage, you will always have some uncovered damages because pain and suffering usually isn’t covered, and you will usually have to pay a deductible. The defendant’s insurance can cover your damages, but only if their policy limit is high enough and the insurance company agrees to pay full damages.
Insurance companies usually lower their payouts to save money, and it may take intensive negotiations or a lawsuit to get full damages paid.
What Evidence Do I Need for My Case?
Every case is different, and some evidence will not be available in every case. Most claims deal with your testimony, medical records, bills, and photos of the vehicle damage. However, the more evidence our lawyers can collect, the stronger your case usually is.
Save any records or communications you receive and give them to your lawyer for safekeeping.
How Do I Afford a Car Accident Lawyer?
If you were in a car crash, you are already dealing with injuries, less income, and more bills. Lawyers do not want to add to that burden, so most personal injury lawyers are paid through a contingency fee.
This means you pay nothing up front, and when we win your case, we get a portion of the winnings. This means we do not get paid unless you do, and there is always money from the case to pay your lawyers. Discuss this with your attorney for more details.
Does Insurance Give Me a Lawyer?
Your insurance may act as your agent and negotiate with the other side’s insurance, but they are still insurance companies, not your lawyers. It is best to have a lawyer on your side who can advocate for your best interests, because even your own insurance cannot be trusted to do that.
Insurance policies usually provide lawyers to defendants, but not to victims. This makes it all the more important to get your own lawyer, since the defendant will usually have one.
Who Else is Responsible?
Most cases have a driver who is responsible for the crash, but every case is different. Sometimes, these parties share liability:
- Auto manufacturers, especially when defective auto parts are involved
- The trucking company or other employer of a commercial driver
- Governments and construction firms responsible for dangerous road conditions.
Also remember that many cases involve multiple at-fault parties, and each driver or other party pays their fair share of your damages.
Who Determines Fault?
If you take your case to a jury trial, the jury decides fault. They also decide what percentage of fault each party shares and how much the total damages are.
What if I’m Partially at Fault?
Being partially at fault for your own accident is common and does not always stop you from suing. If the jury finds what you did to be significant enough in light of the defendant’s actions, they might assign a percentage of the blame to you.
As long as this is no more than 50%, you can still sue. You simply lose out on a percentage of the damages equal to your share of fault.
What Constitutes Fault?
For a driver to be at fault, they must have done something wrong. This usually means a traffic violation, like speeding or drunk driving, but it can also involve objectively unsafe driving even without a specific violation.
Can I Undo a Settlement?
Once you settle your case, it is typically over. This is why you should always review your settlement offers with your lawyer before signing. If you make a mistake and accept a settlement too early, it may not be enough, and you might be stuck with it.
Contact Our Car Accident Lawyers Right Away
Reach out to our car accident attorneys at Cap City Injury Attorneys at (512) 612-3110 to get started on your case today.