Being in a wreck can change one’s life in the blink of an eye. You may have been going about your own business and, through no fault of your own, another person may have left you with serious injuries. It is understandable that many individuals are unsure of what to do after such an event. While not knowing what to expect from the process is understandable, a crucial early step is contacting an attorney so that your rights remain protected throughout the process. Noteboom – The Law Firm has been serving our area since 1977 and we take pride in the track record we have amassed. If you or a family member have been in a wreck then contact us today to speak with a Fort Worth car accident lawyer.
DFW auto accident attorneys assisting those who have been injured in a wreck
People are required to obey the traffic laws. Unfortunately, as we all know, they often fail to do so. Common situations which can result in a wreck can include:
- Speeding
- Distracted driving (such as texting while behind the wheel)
- Running a stop sign
- Running a red light
- Drunk driving
- Failing to signal before a lane change
In situations such as these, police will typically issue a citation to the party at fault. There are instances, however, in which no citation may be issued. Regardless of the situation, the other party may often be held liable even if the victim of the wreck was partially at fault.
Damages in a case will typically be divided into types. First, a victim may be entitled to “compensatory” damages. This is meant to compensate the wronged party for past and future lost wages, past and future medical bills, and other financial losses one has or will suffer due to the wreck. The second type of damages are for “pain and suffering.” This includes compensation for the reduction in one’s quality of life, emotional distress, pain endured, and the general aggravation of the situation. Under Texas’ comparative fault laws, one may receive compensation as long as they were not more responsible for the wreck than was the defendant. Compensation will be reduced by the victim’s share of any fault for the wreck (if any).
The first thing one should typically do after an auto accident is seek immediate medical attention. Even if one believes that they are not seriously injured, they may have suffered harm from which the symptoms will not manifest for some time. Once medical care has been secured, the victim should contact an attorney as soon as possible. It can be expected that the defendant’s insurance adjuster will try to contact the victim during this time to reach a “quick” settlement. It is generally best to speak with counsel first. Once the victim’s damages can be reasonably determined then a demand for payment will be sent to the insurance company. The two sides will engage in back and forth negotiation. If a settlement cannot be reached then it will be necessary to file a lawsuit.
A lawsuit begins by filing an Original Petition with the Court. The insurance company for the defendant(s) will then file an Answer. The two sides will engage in a process known as “discovery.” This is how information is obtained from the other side in a lawsuit. If there is a dispute over liability, then discovery may focus on obtaining a defendant’s phone records and other information showing that they may have been distracted at the time of the incident. If the insurance company is disputing the amount of damages claimed, then it will likely be necessary for your attorney to retain medical and vocational experts. Settlement negotiations will be ongoing throughout this process and, if no agreement is reached, the case will conclude at a trial. The foregoing process can be highly complicated and it is vital that one retain an attorney who is able to handle the matter.
The Fort Worth car accident lawyers of Noteboom – The Law Firm have been serving our area since 1977. Our firm has two attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization. Once retained, our on-staff investigator and his assistant investigator will obtain all available evidence in relation to your case and we will contact the defendant’s insurance carrier. We will deal with the insurance adjuster directly so that you may focus on the important business of treating your injuries. If a settlement cannot be reached then we are prepared to file a lawsuit on your behalf. We will retain any necessary experts and will work diligently to see your case through to completion. Many heavy advertising firms do NOT have a reputation for trials. Our firm has more trial experience than anyone in Tarrant County. We understand that this is a crucial time in your life. Our firm is dedicated to giving you the representation you deserve.
Injury lawyers who litigate Fort Worth area car accident cases from beginning to end
Not all personal injury law firms see their cases through from beginning to end. There are many instances in which one firm may attempt to settle the case with an insurer and, if a settlement cannot be reached, they will refer the matter to another attorney for litigation. Our lawyers are devoted to protecting the rights of victims throughout the process. When we are retained to handle a car accident case, we handle all aspects of the process – meaning we handle insurance negotiations and litigating the matter. We have the financial resources necessary to handle large scale matters and we pride ourselves on providing a high level of service. Contact us online or by telephone today.
In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.
Common questions related to car accident cases
What should I do after a car accident?
If you have been in a car accident then it is important to seek immediate medical care. It is common for individuals to think that they are “fine” after a wreck. The problems with not seeking care, however, are two-fold. First, many injuries (especially those involving head trauma or a brain injury) may not result in symptoms for some time. Second, by waiting to seek care, one exposes themselves to an insurance company argument that the wreck did not actually cause the injury; the insurers will often claim that the injuries stem from some other event which occurred in between the wreck and the time at which care was sought. Seeking immediate care forecloses this argument.
Should I talk to the insurance adjuster after a car accident?
It is common for a defendant’s insurance adjuster to contact a victim as soon as possible after a car wreck. These adjusters will attempt to settle the matter quickly and for as little as possible. Quite often, these insurance employees will attempt to dissuade the victim from contacting an attorney. It should be remembered, however, that these individuals work for the insurance company and their role is to save the insurer money. Your attorney is responsible for protecting your rights and making sure that you receive the highest possible compensation. We generally advise clients that, if they are contacted by insurance after an accident, to tell the adjuster that they will be speaking with an attorney first.
How long does it take to settle a Fort Worth car accident case?
How long it takes to settle a case will always depend on the specifics of the situation. Generally, it is advisable that one not settle a matter until their long-term prognosis is as known as possible. Settling a matter prematurely may result in one receiving less than what they should be entitled to due to their settling out of a belief that they would make a full recovery, only to find that their recovery is limited. This can leave a victim without the money needed to cover future lost wages as well as future pain and suffering. Waiting until a prognosis is reasonably known can help to prevent this type of outcome. This is generally the case for those injured in Fort Worth or any area of Texas.
Can I recover damages for a Texas car accident if I was partially at fault?
Yes. Texas is like many other states in that it has adopted the concept of “comparative fault.” This means that a victim may recover compensation even if they are partially to blame for a car accident. One will only be barred from recovery if they are found to be at least fifty-one percent responsible for the wreck. Assigning blame to each side is a task assigned to the jury. Any compensation received will be reduced by the victim’s share of the fault. So, as an example, if a victim is ten percent responsible for the accident then their compensation will be reduced by ten percent.
Should I retain a car accident attorney near me?
Individuals often search the internet for a “car accident attorney near me” after a wreck. We strongly believe that the choice of representation should be based on the credentials and resources of a firm, as well as proximity. We have been in Hurst, Texas, since 1977. Retaining an attorney without adequate resources to handle the matter can result in necessary experts not being retained or an inadequate investigation. Our firm is able to assist those in Tarrant County, other areas of Texas, and will work diligently to see your case through to completion. We employ an on-staff investigator, multiple attorneys, and have the financial resources needed to retain experts.
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