Texas Car Accident Lawyer | Car Wreck Lawyer

We know that car accidents can lead to serious injuries, financial strain, and emotional distress. We understand the burden being injured in a car accident causes. Injuries keep you from work, your family, and the things you enjoy. You’re facing lost wages while your medical expenses mount. We know these are things that can keep you from getting the treatment you need. Insurance companies also know this and will often try to low-ball offers or even deny claims. This is why we have a no-fee guarantee. There are no legal fees unless we win your case. That allows you to focus on recovery, rather than how you are going to pay your next bill.

Our Texas car accident lawyer has the experience in and out 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. We have recovered millions of dollars for our clients in personal injury claims.

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

We are more than a team of Texas car accident lawyers. We have 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 Texas car wreck 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.

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 who 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 1,000 five star Google reviews
for our extraordinary care for clients and our results.

Varghese Summersett Personal Injury Locations in Texas

Fort Worth

300 Throckmorton St Suite 700
Fort Worth, TX 76102

Southlake

3120 Sabre Dr Suite 110
Southlake, TX 76092

Houston

2925 Briarpark Dr #850
Houston, TX 77042

Dallas

2100 Ross Ave Suite 950
Dallas, TX 75201

Nationally-Recognized Lawyers

Varghese Summersett has been recognized by The Best Lawyers in America® as a Best Law Firm in the United States.

What To Do Immediately After a Car Accident

The moments following a car accident can be chaotic and stressful. This guide will help you navigate the crucial steps to protect your health, legal rights, and financial interests.

Immediate Actions at the Accident Scene

Your first priority is safety. Turn on your hazard lights and, if possible, move your vehicle to a safe location. Check yourself and others for injuries. Call 911 immediately, even for minor accidents. This ensures prompt medical attention and creates an official record of the incident.

While waiting for emergency services, begin documenting the scene. Use your smartphone to take photos of vehicle damage, the accident location, and any visible injuries. If it’s safe to do so, gather contact and insurance information from other involved parties and witnesses.

Seeking Medical Attention

Even if you feel fine, it’s crucial to get a medical evaluation promptly. Some injuries, like whiplash or internal trauma, may not be immediately apparent. A timely medical examination not only ensures your well-being but also creates a vital record linking your injuries to the accident.

Dealing with Insurance Companies

Notify your own insurance company about the accident as soon as possible. However, be cautious about providing detailed statements or accepting quick settlement offers. Consult with a car accident attorney before engaging in extensive communications with insurers.

Preserving Evidence and Building Your Case

Start a dedicated file for all accident-related documents. This should include:

– The police report
– Medical records and bills
– Correspondence with insurance companies
– Photos and notes from the accident scene
– Documentation of missed work and other financial impacts

Keep a log of all accident-related expenses and how the injuries affect your daily life. This information can be crucial for ensuring fair compensation.

Understanding Long-Term Implications

Some accident injuries may have long-lasting effects. When considering settlements, factor in potential future medical costs and impacts on your earning capacity. An experienced car accident attorney can help you assess the full value of your claim, including non-economic damages like pain and suffering.

Legal Considerations and Deadlines

Be aware of your state’s statute of limitations for filing accident-related claims. Missing these deadlines can forfeit your right to compensation. Additionally, some states require you to file a report with the Department of Motor Vehicles within a specific timeframe.

Protecting Your Rights

While navigating this process, remember to:

– Avoid discussing fault or details of the accident on social media
– Be cautious about giving recorded statements to insurance companies
– Consult with a car accident attorney to understand your rights and options

By taking these steps, you’ll be better equipped to handle the complexities that often follow a car accident, ensuring that your health and legal rights are protected throughout the process.

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 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.

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;
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:

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.
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.
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.
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.

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.

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. Our car accident lawyers 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 or loss of quality of life.
Punitive damages (also called exemplary damages) 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.

What if I was partly at fault for the accident?

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 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 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.

What if I can’t afford a 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.

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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.