Litigation in Auto Accident Injury Claims Austin, TX
www.informationautomotive.com - Car accidents can be stressful and overwhelming experiences. Unfortunately, many of these collisions result in catastrophic, life altering injuries. When facing mounting medical expenses and lost income while you recover, the financial burden can be crippling for you and your family. Fortunately, you don’t have to go through this difficult time alone. The car wreck lawyers at Shaw Cowart LLP are here to help.
We understand that a car wreck can change your life. We have a proven track record of success in helping people with serious injuries from auto accidents, and we will fight for maximum compensation for you.
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The most important thing for you to focus on during this difficult time is recovering from your injuries. You don’t need the added burden of trying to negotiate your settlement with the insurance company. We will take care of your claim so you can take care of yourself and your family.
You can learn about your legal rights and options by speaking with our attorneys in person. Please call 512-858-8862 today to schedule a complimentary consultation. We serve clients in the Austin, Texas area.
Texas Car Accident Laws
The laws governing car accident cases in Texas are very complex. Texas adheres to the doctrine of modified comparative negligence, which states that your damages will be reduced by the percentage of fault attributed to you. In addition, if you are determined to be more than 50% at fault for the accident, you will not be entitled to receive any compensation.
For example, if your damages are $100,000 and you are found to be 25% at fault, you will only recover $75,000. However, if you are found to be 60% at fault, you would recover nothing. These negligence laws make it crucial that you prove the other driver was predominantly at fault for the accident. Our lawyers know the comparative negligence laws impacting your case, and we will examine every detail in order to demonstrate that the other driver was at fault.
Texas also requires all vehicle owners to carry the following minimum levels of liability insurance coverage:
- $30,000 for bodily injury liability per person per accident
- $60,000 of bodily injury liability total per accident
- $25,000 of property damage liability per accident
Keep in mind that these are the minimum levels of coverage required by law. Often, accidents will result in more damages than is covered by these minimum limits. For this reason, you may want to consider purchasing higher coverage levels as part of your insurance policy.
In addition, there are certain deadlines, called statutes of limitations, which apply to filing a car accident lawsuit. In Texas, you have two years from the date of the car wreck to file a lawsuit. After this deadline passes, you may lose your eligibility to pursue damages in court.
At Shaw Cowart LLP, we know how these laws impact your case, and we will ensure that all laws are followed so that you don’t jeopardize your ability to recover the maximum allowable compensation.
What to Do after an Auto Accident
When Should You Get a Lawyer for a Car Accident?
Ideally, you should retain a car accident lawyer as soon as you are injured in a crash. While you may be tempted to file your insurance claim on your own, the insurance company will have a large legal team working against you to make sure you get as little compensation as possible. By hiring one of our experienced personal injury attorneys to represent your interests, you gain a trusted expert who knows the intricacies of your case as well as access to several legal resources.
Damages in a Car Accident Claim
Depending on the specifics of your case, you might be entitled to recover the following damages as part of an auto accident claim:
- Current and future medical expenses
- Rehabilitation costs
- Lost wages
- Impairment of future earning capacity
- Pain and suffering
- Loss of quality of life
- Emotional distress
- Property damage to your vehicle
If a loved one was killed by the collision, you may be entitled to recover damages through a wrongful death claim.
What Are Some Common Injuries Associated with Car Accident Lawsuits?
Car accident lawsuits can cover a variety of injuries caused by a crash. However, the most common injuries claimed in a car accident lawsuit include:
- Whiplash
- Broken Bones
- Cuts, Scrapes, and Bruises
- Internal Bleeding
- Traumatic Brain Injuries (TBI)
- Spinal Cord Injuries
- Knee Injuries
- Back Injuries
- Burns
- Post-Traumatic Stress Disorder (PTSD)
In general, as long as your injury was caused by the car accident, you should include it in your claim.
Accidents with an Uninsured or Underinsured Motorist
There are many more uninsured motorists on the road than you may realize. According to the Insurance Research Council, approximately 14% of drivers in the United States do not have auto insurance. That equates to roughly one out of every seven drivers on the road.
In the state of Texas, all drivers are legally required to carry the minimum liability insurance limits discussed above. However, many people choose to ignore this law and drive without insurance, while others simply do not have enough coverage to adequately compensate you for your injuries. It’s important to be prepared in the event that you are injured in a car accident caused by an uninsured or underinsured motorist.
While dealing with an uninsured motorist may seem like a straightforward case, these claims can become complicated by individuals who want to avoid taking responsibility and insurance companies that don’t want to give you the compensation you deserve. It is not uncommon for completely innocent drivers to end up with far less monetary compensation than they deserve due to the sly practices of insurance companies or dishonest drivers. Fortunately, the experienced car accident lawyers at Shaw Coward LLP know how to help you fight for a fair settlement.