Edinburg Car Accident Lawyer
Life can change in an instant and few scenarios demonstrate this as effectively as a car accident. One moment you’re driving to work, to school, to the store or home at the end of a long day. The next moment, you’re jolted by an impact and you’ve lost control of your vehicle. Now, you’re injured. Your car is destroyed. You may even have lost a loved one in the accident. Your life has changed profoundly in a single instant.
A car accident can have long-lasting effects that touch every area of your life, from your health and your physical capabilities, to your finances, your career, and even your family and relationships. Recovering from a serious auto accident may be one of the most challenging things you ever experience and dealing with auto insurance companies can be quite challenging. But there is help.
At Brasure Law Firm, PLLC, our Texas car accident attorneys provide assistance to injured car crash victims and their family members as they seek out compensation for their losses such as property damages, medical bills, lost wages, serious pain and suffering and more.
At Brasure Law Firm, PLLC, our lawyers take a rather unique approach to personal injury law, as we focus on you, our client, and your needs from start to finish. As a boutique law firm, we believe in keeping our clients involved throughout the process, with “quality over quantity” type of approach. In fact, we limit our caseload to ensure that our clients receive the attention they need to feel comfortable throughout the legal process and ultimately, prevail in court.
If you’ve been injured in a car accident, attorneys with Brasure Law Firm, PLLC are here to assist by providing a free and confidential initial consultation. Call 956-686-3555.
Common Questions and Concerns After a Car Accident with Injuries
A car accident can be devastating on several levels: physically, emotionally and financially. Our legal team is routinely fielding questions and addressing concerns, as we believe that it’s important to keep our clients informed. The following is an overview of some of the most common issues that we discuss with prospective and current clients.
What are the Shared Fault rules in Texas?
In Texas, there is what’s known as a shared fault rule that can impact personal injury claims, including car accident lawsuits.
In Texas, car accident fault is determined using percentages. So one driver may be 20% at-fault, and another party may be 80% at-fault. As such, the driver who holds 20% of the blame for the collision can file a personal injury lawsuit, but any compensation award would typically be reduced by 20% to account for their percentage of fault in the collision.
So if you were deemed to be 20% at-fault for the accident and were going to be awarded a sum of $100,000, this would be reduced to $80,000 (a 20% reduction) to account for your role in the collision. There are also cases where one party may be deemed responsible for significant negligence, making them the sole cause of the auto accident. In this case, there would be no reduction in the amount of compensation the victim receives.
The same system is generally used for out of court settlements, as both sides know that if the case were to go to court, the sum would be adjusted to account for the plaintiff’s degree of fault.
What type of compensation can I get for a car accident?
Auto accident victims may opt to file a personal injury claim if they have suffered any loss that can be directly linked to the accident and the injuries that resulted from that collision.
Compensation may be awarded for economic losses and non-economic losses, like pain and suffering.
Some of the most common forms of compensation include:
- funds for past, current, and future medical expenses;
- money to cover the costs of home care, physical therapy and similar;
- funds to repair or replace personal property that was lost or damaged in the crash;
- compensation for your pain and suffering;
- compensation for loss of a loved one and/or loss of a relationship (called loss of consortium); and
- lost wages and/or wages that the victim would have earned in the future if they had not been injured.
Texas does allow for punitive damage awards in personal injury claims filed in connection with a car accident. Punitive damages are not intended to compensate the victim for a loss; instead, these damages are awarded to penalize the defendant. Punitive damages are usually awarded in cases involving gross negligence (such as driving under the influence or drag racing) or a case involving malice (such as road rage).
Does Texas have personal injury damages caps?
In many states, there is a limit on how much can be awarded for personal injury damages.
Fortunately for car accident victims, there is no cap on personal injury damages in this type of case in Texas. The only personal injury damage caps apply to injuries stemming from a medical malpractice incident.
How long do I have to file a personal injury lawsuit in Texas?
In Texas, the deadline for filing a personal injury lawsuit is two years from the date of the accident and injury.
In cases where you’re filing a personal injury claim against the State of Texas (for instance, if you felt that a poorly-maintained state roadway was a direct cause of your accident and subsequent injuries), you have a time frame of six months from the date of the accident to file a claim.
If you don’t file your case within the time frame specified in the Texas statute of limitations, then it’s likely that the judge will refuse to hear the case.
Why do auto accidents occur?
Auto accidents occur because a driver does not follow the rules for driving, does not pay attention, or is impaired. Often times the result is that another driver or passenger is hurt. A person driving needs to pay attention to a lot of different things at the same time (a red light, stop sign, pedestrians, other vehicles, etc…). Normally, if a driver is paying attention, following rules for driving, and unimpaired an auto accident is avoidable.
Can you settle car accidents without insurance?
You can settle car accidents without insurance, but a settlement without insurance is not advisable. Often times, a person involved in a car accident does not know how to force an insurance company to pay for injuries. To avoid settling a case without insurance, the best option is to talk with an attorney who has experience with insurance issues.
How are insurance claims are processed?
Insurance claims are processed in a specific way. First, the person who suffered an injury must notify the insurance company. This is called making a claim. Then, the insurance company will typically assign a representative (called an adjuster) to investigate the claim. In Texas, insurance companies are primarily regulated by the Texas Insurance Code. In some instances, the Texas Insurance Code has very specific deadlines for the insurance company once a claim is made. After the investigation, the insurance company can deny the claim, deny part of the claim, or pay the claim. Rarely do insurance companies pay the claim 100%. Insurance companies have an incentive to pay as little as possible. Insurance companies make money from customer payments (called premiums). When an insurance company pays a claim, the money (typically) comes from a collection of customer premium payments. The less money the insurance company pays an injured person, the more money the insurance company has at the end of any given year.
When should I hire a car accident lawyer?
You should hire a car accident lawyer to advise you of your rights. Many times a car accident lawyer can tell you what insurance company is obligated to compensate your or injuries. A car accident lawyer can also assist in negotiating with the insurance company. If the insurance company does not pay fair compensation, a car accident lawyer can fight through the legal system to get you fair compensation.
What are the fees?
In car accident cases, the client does not pay attorney fees until money is paid from the insurance company. When money is paid from the insurance company the lawyer will take a portion of the total money paid by the insurance company.
Why do I need a car accident lawyer?
A person injured in a car accident needs to consult with a lawyer to decide what rights the injured person has to compensation. For example, if an injured person has medical bills, an insurance company may be obligated to pay the medical bills. Also, if an injured person cannot return to work, a car accident lawyer can discuss the ways to recover lost wages.
Recover Damages for Your Car Accident Injuries with Help from Our Personal Injury Attorneys
Texas car accident victims trust the team at Brasure Law Firm, PLLC for help recovering the compensation they deserve via a personal injury claim.
At Brasure Law Firm, PLLC, we believe in a “quality over quantity” approach to practicing law. As such, we limit the number of cases we accept so that our legal team can provide our clients’ cases with the individualized attention they need to achieve exceptional results.
Recovering from a car accident injury can be a long, painful and time-consuming process, but our personal injury lawyers are here to help every step of the way as we work to recover the compensation you need to pay your medical bills and other expenses stemming from your car crash.
But you must take action soon because the law places a limit on how long you have to take action. What’s more, the sooner you contact our personal injury attorneys, the better your chances of seeing a positive outcome to your case.
So if you’ve been injured in a car accident, contact the Texas personal injury lawyers of Brasure Law Firm, PLLC to arrange a free and fully confidential case consultation session. Call our practice today at 956-686-3555.