Even the safest drivers sometimes get into car accidents. You could be totally innocent of any wrongdoing, but someone else’s mistakes or misjudgment behind the wheel could cause you serious injuries that require medical care and cause lost wages and pain and suffering.
Getting your damages can be an uphill battle if you come across difficult insurance companies or defendants who refuse to pay for what they did. Our attorneys can take even the most complicated cases, negotiate for a fair settlement, and even fight your case at trial if needed.
Call the car accident attorneys at Cap City Injury Attorneys today at (512) 612-3110 for a free review of your potential case.
Do You Need a Lawyer for a Car Accident Case in Austin, TX?
Many people expect that their car insurance will be able to help them after a crash, and that a lawyer is really not necessary. This is often a mistake that can leave you without the compensation you need to deal with serious injuries.
In a car accident, you are usually relying on the defendant’s insurance to pay your damages, not your own. While you may have some first-party benefits on your own policy, such as medical payment coverage and collision coverage, it usually will not cover pain and suffering or deductibles.
For the rest of your damages, Texas uses an at-fault system where the at-fault driver’s insurance pays for damages.
This means that you cannot get paid in full until the other driver’s insurance offers you a fair settlement or we win your case at trial. Insurance companies might make very low offers to try to end cases quickly, often leaving you with far less than you need.
Our car accident lawyers can fight for you in negotiations or take the case to court, whichever is needed, to maximize your payout.
What Your My Case Worth?
We cannot put a fair value on your case without taking a look at the details. Each case is unique, and the bills, medical costs, lost earnings, and pain and suffering in your specific case will define how much your case is worth.
However, insurance companies often try to put a value on your case without taking the specifics into account. Instead, they will try to settle for whatever they think they can get away with paying you to push you to end the case quickly.
If you accept their settlement offer, your case is over. Never take their money without having a lawyer review your case and help you come up with a fair value that accounts for
- Medical care you already paid for
- Medical care you will need going forward
- Lost wages you already faced
- Ongoing lost earnings
- Lost abilities and activities
- Emotional distress
- Physical pain.
What Evidence Do You Need to Prove a Car Accident Case in Austin?
The evidence available in your specific case will vary, but our attorneys often look for the following to help build your case and show the jury how the accident happened and why the defendant is at fault:
- Your own testimony
- Other eyewitness testimony
- Expert testimony from medical professionals, accident reconstruction experts, and any other experts we might need
- Medical records and reports
- Photos of the accident scene
- Dash cam footage
- Security camera video of the crash
- Police reports detailing what the scene looked liked and who was involved
- The position of traffic signs and signals.
On top of that, we also need evidence proving what damages you suffered and what they cost you. Most of these will be bills and financial statements, though your testimony is also essential in proving “non-economic” damages. These are things like emotional distress and your experience of the accident, which are often very personal and do not have values found in bills or financial records.
Who Can You Sue for a Car Accident?
In most cases, the person driving will be responsible. Their insurance company answers for them by providing them with a lawyer and paying their damages, but the driver is still the person you sue.
There are cases where other parties could be liable, such as the owner of the vehicle (if that is different from the driver). Some cases also involve commercial drivers, delivery drivers, or other drivers who were working when they crashed. In these cases, their employer might share liability as the owner of the vehicle or take liability in their place as the employer.
Rarely, car accident cases can involve lawsuits against manufacturers for auto defects or lawsuits against the government for dangerous road conditions.
When Will You Get Paid?
Our car accident lawyers can help you file insurance claims and discuss a settlement with the at-fault driver’s insurance quite quickly. If they are going to settle, they often will within the first few months.
The insurance company may need to perform its own investigation before it can authorize a settlement, but the sooner you call us and start your claim, the quicker we can get to that stage.
If your case has to go to court, it can take much longer. Lawsuits must be filed within 2 years in most cases, but it can take even longer to resolve the claim. If the insurance company refuses to settle, then we can take them to trial. Along the way, we can depose witnesses, get additional evidence from them in discovery, and prepare for trial.
What Should You Do After a Car Accident?
When you are involved in an accident, your first priority is getting to safety. Pull over and wait in a safe location, then call 911.
You need to report the accident to the police if there were any injuries, and you should also request an ambulance to treat your injuries at the scene or take you to the hospital for additional care. Follow through with all care you need.
Some of the evidence we discussed above can be found at the accident scene if you are well enough to stay there. You should collect as much of this as you can, plus the name and contact info for any witnesses or drivers, along with the other driver’s insurance information.
After you are safe and have any evidence you could collect, call our lawyers.
Call Our Austin Car Accident Attorneys Today
For your free case evaluation with our car accident lawyers directly, call Cap City Injury Attorneys at (512) 612-3110.