The hours and days after a car accident often feel chaotic—as though the loss of control you experienced in the accident continues while you deal with painful injuries and expensive medical treatment. Recovering compensation from an at-fault driver after a car accident in Texas often adds to the distress. Hiring an experienced car accident attorney to navigate this meticulous process for you can be the key to the best outcome, but understanding the steps in the process ahead helps to put you back in control after a car accident.
Gathering Evidence After an Accident
After a car accident, you may be too injured to do anything but wait for help, but if you or a companion have the foresight to snap photos of the accident scene and take down the contact information of involved drivers and eyewitnesses, it’s the first step to collecting evidence. Other important evidence your attorney will require is the police report, your medical report, and copies of medical bills and receipts for accident-related expenses. A motor vehicle accident attorney in Austin may also gather evidence from accident reconstruction experts and medical experts to support your claim.
Presenting a Demand Package to the Insurance Company
Like most states, Texas is a fault-based insurance state that requires accident victims to prove the other driver’s liability for the accident. After documenting evidence, your Texas car accident lawyer will send a demand package to the insurance company of the at-fault party. This package includes evidence of their policyholder’s liability, proof of your injuries, and a carefully calculated list of damages like medical expenses, lost wages, pain and suffering, and any individualized damages in your case such as diminished future earning capacity, disfigurement, loss of limb, or PTSD.
Negotiating With the Insurance Company
The insurance company of the at-fault party assigns an adjuster to the case who investigates the accident on their side. Their goal is to undermine the value of your claim whenever possible. Once the insurance company receives the demand package, they begin a series of negotiation meetings with your attorney to try to arrive at a mutually acceptable settlement amount. There may also be a mediation session where all involved parties discuss their options and negotiate together.
Arriving at a Settlement Agreement or Going to Court
Nearly 95% of car accident claims are resolved through a settlement agreement so the car accident victim never has to go to court; however, if the insurance company lowballs the offer, disputes the claim, or endlessly delays progress, the injury victim has the option to follow through with a lawsuit. This requires filing a lawsuit petition within the state’s statute of limitations for personal injury claims. In Texas, this is generally two years from the date of the accident with few exceptions.
When a car accident case goes to court, it’s a lengthier, more complex process, but it often ends with a large jury award for the victim’s damages since juries tend to be sympathetic to accident victims.
How Can a Texas Car Accident Attorney Help?
It’s easy to make errors in the car accident claims process while you are busy focusing on your recovery. Insurance companies protect their profits at your expense and may take advantage of your vulnerability after an accident to undervalue your claim. A car accident attorney protects your best interests throughout every step of the car accident claims process in Texas. Call Shaw Cowart LLP today so we can quickly take action on your behalf so you can redirect your focus on physical and emotional healing.