You may have a valid car accident claim if you suffered injuries or substantial property damage, you lost a loved one, or the other driver shares the fault for the accident.
You can file an insurance claim through the at-fault party’s provider, or you can file a personal injury lawsuit. If you lost a loved one to the accident, you can seek damages through a wrongful death lawsuit.
Four Determining Factors for Valid Car Accident Claims in Texas
If you are wondering what qualifies for a car accident claim, consider the following:
You Suffered Injuries
According to the Texas Department of Transportation (TxDOT), you must report any car accident that results in bodily injuries. If you suffered injuries in the accident, you may have a valid claim.
Your claim can seek compensation for your medical care, including:
- Surgeries
- Emergency medical attention
- Hospitalizations
- Medication
- Doctor’s visits
- Specialists
- Ongoing care
- In-home aid
- Medical devices
You want to make sure you seek compensation that will help you get the treatment you need.
You Suffered Substantial Property Damage
The TxDOT also requires you to report any accident resulting in $1,000 or more of property damage. This damage usually occurs to the vehicles involved in the crash (e.g., the accident totaled your car). Other forms of personal property may suffer damage, too. For example, the impact may have damaged your cell phone.
The Accident Resulted in Fatal Injuries
Whenever an accident results in someone’s death, you must file a report, according to the TxDOT. The loss of a loved one may warrant a wrongful death claim. This type of claim may provide compensation for:
- Funeral costs
- Loss of inheritance
- Loss of consortium
- Lost wages from time you took off work to tend to your loved one’s injuries
- Your loved one’s pain and suffering
A representative of the deceased’s estate can file a wrongful death lawsuit and divide any awards among surviving family members.
Another Party Chares the Fault for the Accident
Texas is a fault state, meaning you can file an insurance claim if another driver is at fault for your accident.
Filing a claim against another party can be difficult because insurers may challenge any accusations of fault. They may argue you caused the accident. When this happens, our lawyers can gather evidence to counter their findings if necessary.
You Also Have the Right to File a Lawsuit
The driver who hit you may lack insurance coverage, or their policy may not provide fair compensation. In this case, you can file a personal injury lawsuit to seek compensation.
A lawsuit can also provide the opportunity to seek additional damages.
Things to Remember when Considering Filing a Car Accident Claim
There are two important things to remember if you are considering taking legal action:
Failing to Get Immediate Medical Attention Can Jeopardize Your Claim
To protect your rights to compensation, seek medical attention immediately after a car accident. Medical documentation can help link your injuries to the accident. We can also get an idea of how much your ongoing care will cost.
You Have a Deadline to Meet when Filing a Claim or Lawsuit
You should file your car accident claim as soon as possible. Certain deadlines apply. You do not want to give an insurer any reason to deny your claim.
Additionally, you have to meet a deadline if you want to file a lawsuit against the at-fault driver. Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years to file a personal injury lawsuit or a wrongful death lawsuit.
If you don’t comply with these deadlines, you could lose your right to compensation. Don’t let a negligent party get away with causing your injuries and losses. Take action immediately. Our lawyers can help.
How a Lawyer from Our Firm Can Help with Your Car Accident Claim
When it comes to seeking fair compensation, we don’t play around. We can handle your car accident case so that you do not miss your chance at recovering your due. We can:
- Determine who bears the fault for your accident
- Gather evidence of another party’s negligence
- Calculate your losses
- Complete the necessary paperwork for your claim or lawsuit
- Negotiate a settlement
- Represent you in a trial
We Work on a Contingency Plan
You don’t have to be rich to afford a lawyer from our firm. We believe all car accident victims should have access to legal services. We offer ours on a contingency-fee basis. This payment structure means we don’t charge upfront fees to start your case.
We only take our percentage from any compensation we win on your behalf.
Work with Loncar Lyon Jenkins After a Car Accident
You don’t have to hassle with an insurance claim or lawsuit on your own. You have a right to legal representation, and we want to help. Our car accident lawyers can handle your case from beginning to end.
For a free consultation, call in the Strong Arm at (877) 239-4878. We can provide legal advice and explain how our team can help. This way, you can focus on your physical recovery instead of worrying about your claim or lawsuit.
