Fort Worth Car Accident Lawyer | Car Wreck Lawyer

We know that car accidents can lead to serious injuries, financial strain, and emotional distress. Our skilled Fort Worth car accident lawyer has the experience in and outside of the courtroom to help you navigate the complex legal landscape, ensuring you receive the compensation you deserve. We will handle everything from negotiating with insurance companies to representing you in court if necessary.

Insider knowledge to get you the best outcome in a car accident claim

Benson

Our Fort Worth Car Accident Lawyer has helped countless people get the compensation they deserve after being seriously injured in a wreck. Our founder, Partner Benson Varghese, worked as an insurance adjuster before going to law school. His expertise in how insurance claims are handled by the other side combined with his extensive trial experience makes Varghese Summersett a formidable adversary to any insurance company or corporation defending a car accident case. We have insider knowledge when it comes to the ins and outs of the insurance claims process and we will fight to ensure you are fairly compensated for your medical bills, vehicle repairs, lost wages, and other damages.

Why we wrote this article

In this article, our Fort Worth Car Accident Lawyer will explain what you should do if you’ve been injured in a car wreck and answer some frequently asked questions about pursuing an insurance or personal injury claim.

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Why you should hire Varghese Summersett for your car accident claim

First and foremost, you’d be hard-pressed to find a team with more trial experience. If there’s anything that instills fear in insurance counsel and corporate lawyers, it is someone on the other side that is at home in the courtroom. Second, we know what insurance adjusters have been taught to reduce payouts so we know how to maximize your claim. Third, we will make sure you get the care you need even before your case is resolved. Finally, we work on a contingency fee basis. In other words, going through this process with Varghese Summersett won’t cost you a penny out of pocket. You shouldn’t have to pay for someone else’s negligence or recklessness! Experience matters. So do results. Varghese Summersett has earned over 600 five-star Google reviews for our extraordinary care for clients and our results.

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What should you do if you’ve been involved in a car accident in Fort Worth?

If you or a loved one have been involved in a car wreck in Fort Worth, it is important to know what steps to take afterward to ensure you are protected and will be fully compensated.

Call 911

This will ensure that emergency responders arrive on the scene to provide necessary medical attention. It will also create a record of the accident, which will become very important in the future.

Exchange Information

Once everyone involved has received necessary medical attention, exchange information with the other driver. Be sure to get their name, contact information, insurance company, policy number, and license plate number. If there are any witnesses to the accident, be sure to get their names and contact information as well.

Take Pictures

A picture really is worth a thousand words when you are dealing with an insurance company. Be sure to take pictures of the damaged vehicles, the surroundings, the emergency response team, as well as any injuries that were sustained.

Seek Medical Treatment

Even if you don’t think you are injured, it is important to seek medical attention as soon as possible. Oftentimes, injuries from car wrecks do not present themselves until days or even weeks after the accident. If you wait too long to get treatment, the insurance company may try to say that your injuries were not a direct result of the accident.

Notify Your Insurance Company

Be sure to contact your insurance company immediately after the accident. Tell them you were in a wreck, but don’t provide anything other than basic information at this juncture.

Contact Our Skilled Fort Worth Car Accident Lawyer As Soon as Possible

After you have taken these steps, it is important to contact an experienced Tarrant car accident lawyer to handle the insurance claims process for you and take legal action if necessary.

Don’t Talk to the Other Driver’s Insurance Company.

It is important to remember that the other driver’s insurance company is not on your side. They will try to get you to say things that can be used against you later to fight or deny your claim. Be sure to direct them to your lawyer and let them handle all communications. Our Car Accident Lawyer in Fort Worth will guide you through any necessary statements.

What types of injuries are common in car accidents?

Car accidents can result in a wide range of injuries, some of which can be severe or even life-threatening. Here are some of the most common types of injuries that can occur in a car accident:

Whiplash

Whiplash is one of the most common injuries in a car accident, especially in rear-end collisions. It occurs when the head and neck are suddenly and forcefully thrown back and forth, causing damage to the muscles and ligaments in the neck.

Traumatic Brain Injuries (TBIs)

Traumatic Brain Injuries can range from mild concussions to severe brain damage. TBIs can occur when the head is hit or jolted, or when an object penetrates the skull.

Spinal Cord Injuries

Spinal cord injuries can result in partial or complete paralysis, depending on the severity and location of the injury. They often occur in high-speed collisions.

Broken Bones

The force of a car accident can easily break bones. The most commonly broken bones include ribs, arms, legs, and collarbones.

Internal Injuries

These can include damage to organs, internal bleeding, and other life-threatening conditions. They can be difficult to detect immediately after an accident, making them particularly dangerous.

Cuts and Lacerations

Broken glass and metal can cause serious cuts and lacerations in a car accident. These can result in significant blood loss and may require stitches or surgery.

Burns

If a car catches fire or if skin comes into contact with hot surfaces, fluids, or steam during an accident, burns can occur. These can range from minor to severe, potentially requiring skin grafts.

Psychological Injuries

It’s also important to note that car accidents can result in psychological injuries, such as post-traumatic stress disorder (PTSD), anxiety, and depression. Remember, if you’re involved in a car accident, it’s crucial to seek medical attention immediately, even if you don’t think you’re seriously injured. Some injuries may not be immediately apparent and can become serious if left untreated.

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How do I know if I am entitled to compensation after a car wreck in Texas?

If you’ve been involved in a car accident that wasn’t your fault, you should be entitled to compensation. This is because Texas is an “at-fault state,” which means that the driver who caused the accident is responsible for the damages and paying claims. To receive compensation, however, your Fort Worth Car Wreck Lawyer must prove:

  • Your injuries were directly caused by the accident; and
  • The other party was either partially or completely responsible for the crash.

Modified Comparative Negligence in Car Accidents

In Texas, as in other states, establishing negligence in a car accident involves proving the four elements of negligence: duty of care, breach of duty, causation, and damages. However, Texas follows a specific rule known as “modified comparative negligence,” which can affect how negligence is determined and how damages are awarded. Here’s how these elements apply in Texas:

  1. Duty of Care: Every driver in Texas has a legal obligation to drive safely and responsibly. This includes obeying traffic laws, paying attention to the road and other drivers, and not driving while impaired.
  2. Breach of Duty: If a driver fails to fulfill this duty of care, they have breached their duty. Examples could include speeding, running a red light, or texting while driving.
  3. Causation: The plaintiff must prove that the defendant’s breach of duty directly caused the accident and the plaintiff’s resulting injuries. This could be demonstrated through evidence such as police reports, witness statements, and photos or videos from the accident scene.
  4. Damages: Finally, the plaintiff must show that they suffered damages as a result of the accident. This could include physical injuries, property damage, medical expenses, lost wages, and pain and suffering.

In Texas, the concept of “modified comparative fault” means that if the plaintiff is found to be partially at fault for the accident, their damages award will be reduced by their percentage of fault. For example, if a plaintiff is found to be 20% at fault for an accident, they would only be able to recover 80% of their total damages. However, if a plaintiff is found to be more than 50% at fault, they are not able to recover any damages under Texas law. It’s also worth noting that Texas follows the “51% bar rule,” meaning that a damaged party cannot recover if it is 51% or more at fault, but if it is 50% or less at fault, it can recover, although recovery is reduced by its degree of fault.

We are lawyers who level the playing field. Don't give the other side an unfair advantage.

How do you pursue an insurance or personal injury claim in Texas?

The first step is to file a claim with the at-fault driver’s insurance company. Be sure to include all of the documentation listed above. The insurance company will then investigate the claim and make a determination as to whether or not they will pay the claim. If they deny the claim or if you are not happy with their offer, you can pursue legal action by filing a personal injury lawsuit. Insurance companies are known for being difficult to work with and for lowballing offers in an attempt to get people to settle quickly. This is why it is so important to have an experienced Tarrant County car accident lawyer on your side who knows how to deal with the insurance companies and fight for the full and fair compensation you deserve.

What is the statute of limitations for filing a car accident claim in Texas?

The statute of limitations for car accident claims in Texas is two years from the date of the crash. This means you have two years to file a claim with the insurance company or file a personal injury lawsuit. If you do not take action within this time frame, you will be barred from recovering any compensation.

Car Accidents in Fort Worth

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How much is my car accident claim worth?

The value of your claim will depend on a number of factors, including the severity of your injuries, the cost of your medical bills, whether or not you missed work as a result of the accident, and the impact that the accident has had on your life. An experienced Car Accident Lawyer in Fort Worth will be able to evaluate your case and give you a better idea of what it may be worth.

What types of compensation can I receive in a car accident lawsuit?

There are three types of damages that can potentially be recovered in a car accident lawsuit: economic damages, non-economic damages, and punitive damages.

  • Economic damages are those that have a specific monetary value attached to them, such as medical bills, lost wages, and property damage.
  • Non-economic damages are more difficult to quantify and include things like pain and suffering, mental anguish, and physical impairment and loss of quality of life.
  • Punitive damages are also called exemplary damages. They are intended to punish the defendant and are sought in cases in which the driver was grossly negligent.

What defenses do insurance companies use to avoid paying for my injuries?

To avoid paying a claim, the insurance company will try and prove that the wreck didn’t stem from the driver’s negligence. Some of the most common defenses include:

  • The accident was unavoidable;
  • A third party was responsible;
  • The accident was due to an unexpected emergency;
  • The accident was due to an “act of God,” such as a weather event.

Tough cases call for the toughest lawyers.

What if I was partly at fault for the accident in Tarrant County?

In Texas, even if you were partially at fault for an accident, you can still recover compensation as long as the other driver was more than 50 percent at fault. This is known as the “51 percent rule.” The amount of compensation you are entitled to will be reduced by your percentage of fault. For example, if you are awarded $100,000 but you were 20 percent at fault for the accident, your compensation would be reduced by $20,000 to $80,000. Likewise, if you are at least 51 percent responsible for the accident, you cannot recover compensation for your injuries.

What if the at-fault driver doesn’t have insurance?

If the at-fault driver doesn’t have insurance or enough insurance to cover the damage, you can file a claim with your own insurance company. This is known as an “uninsured/underinsured motorist claim.” You can also file a personal injury lawsuit against the negligent driver. If you’ve been involved in a serious car accident in Fort Worth, it’s important to know your rights and how to protect yourself. That’s where an experienced attorney comes in. Our team will investigate the accident, gather evidence, and pursue every avenue possible to get you the full and fair compensation you deserve.

Do I really need a Fort Worth car accident lawyer?

You can try to deal with the insurance company yourself, but it’s important to know that they are not on your side. Their goal is to pay out as little as possible or even deny your claim altogether. Insurance companies have teams of adjusters and investigators whose job is to find ways to minimize or deny claims. We highly recommend a lawyer if any of these scenarios apply to your situation:

  • There is a question about who is at fault for the crash.
  • You have wracked up several thousand dollars in medical bills.
  • You are not skilled at negotiating.
  • You do not have the time to deal with insurance companies.
  • The insurance company has denied your claim.

At Varghese Summersett, our seasoned Fort Worth car accident lawyers have handled every type of car accident claim imaginable. We know the games insurance companies play, and we’re not afraid to stand up to them – and file a lawsuit and go to trial if necessary.

The stakes are high. Hire the best lawyers.

What if I can’t afford a Fort Worth car accident lawyer?

We understand that you are going through a difficult time – physically, emotionally and financially. That’s why we don’t require any up-front fees. We work on contingency, which means we only get paid if we win your case. We advance all the costs of investigation and litigation. If we don’t recover compensation for you, you owe us nothing. If we do win, we take a percentage of the total amount recovered. Our consultations are always free.

Speak to a Fort Worth car accident attorney lawyer.

If you or a loved one has been seriously injured in a car accident, call for a free consultation with an experienced Fort Worth car accident lawyer. We will review the facts and circumstances of your wreck to determine if you have a case and explain your options for pursuing compensation. Call 817-207- HURT (4878) to speak with a lawyer today.

What should I do immediately after a car wreck in Fort Worth?

First, ensure your safety and the safety of others by checking for injuries and moving away from traffic if possible. Call 911 to report the accident and request medical assistance if needed. Exchange contact and insurance information with the other driver(s), and document the accident scene with photos and videos. Lastly, contact our Fort Worth car wreck lawyer to discuss your case and protect your rights.

How long do I have to file a car accident claim in Texas?

In Texas, you generally have two years from the date of the accident to file a personal injury claim. However, it’s crucial to consult a car wreck lawyer as soon as possible to preserve evidence and build a strong case.

What damages can I recover in a car accident case?

You may be entitled to recover damages for medical expenses, lost wages, property damage, pain and suffering, and other losses related to the accident. An experienced Fort Worth car wreck lawyer can help you determine the full extent of your damages.

Should I accept the insurance company’s initial settlement offer?

It’s generally not recommended to accept the first settlement offer from an insurance company, as it may not fully cover your damages and losses. Consult with a Fort Worth car wreck lawyer who can assess the offer and negotiate on your behalf to ensure you receive fair compensation.

How is fault determined in a Texas car accident?

Texas follows a modified comparative negligence system. This means that fault can be apportioned among the involved parties based on their percentage of responsibility for the accident. A Fort Worth car wreck lawyer can help gather evidence and present your case to prove the other party’s liability.

What if the other driver doesn’t have insurance or has inadequate coverage?

If you have uninsured/underinsured motorist (UM/UIM) coverage as part of your auto insurance policy, you may be able to file a claim with your own insurance company. A car wreck lawyer can help you navigate this process and ensure you receive the compensation you deserve.

What damages can I recover in a car accident case?

You may be entitled to recover damages for medical expenses, lost wages, property damage, pain and suffering, and other losses related to the accident. An experienced Fort Worth car wreck lawyer can help you determine the full extent of your damages.

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