After being involved in a car accident in Texas, one of the most pressing questions you may have is whether you have a valid legal case and if you are entitled to compensation for your injuries and losses. With the help of the experienced car accident lawyers at Loncar Lyon Jenkins, you can determine whether you have a case, gather the necessary evidence, and fight for fair compensation.
Here’s how our legal team can help you throughout the process.
What Determines the Viability of a Legal Case?
Several factors play a role in determining the viability of a car accident case. These factors include the severity of the accident, the actions of the parties involved, and the available evidence. Understanding these elements will help determine whether pursuing a legal case is a viable option for you.
Assessing Fault and Negligence
In Texas, the key to determining liability in a car accident is assessing who was at fault and whether negligence was involved. Texas operates under a modified comparative negligence rule, which means that even if you are partially at fault, you can still recover compensation as long as you are not more than 50% at fault.
Texas’s “Modified Comparative Negligence” Rule
Under this rule, if you are found to be partially responsible for the accident, your compensation will be reduced by your percentage of fault. For example, if you are 30% at fault, your total compensation will be reduced by 30%. However, if you are found to be more than 50% at fault, your claim will be invalid, and you will not be entitled to compensation.
Fault Over 50% Affects Claim Viability
The greater the fault assigned to you, the more your claim is affected. If you are found to be more than 50% responsible, your ability to recover damages becomes very limited or nonexistent. This is why it’s important to have a car accident lawyer at Loncar Lyon Jenkins who can assess the fault in your case, determine if there’s a strong argument for your side, and help protect your right to fair compensation.
Texas’s Statute of Limitations
In Texas, there is a statute of limitations that limits how long you have to file a lawsuit after your car accident. The clock starts ticking on the day of the accident, and you typically have two years to file a legal claim.
Two-Year Deadline from Accident Date
If you fail to file a claim within this two-year window, you may lose your right to pursue compensation altogether. It’s essential to act quickly after a car accident and seek legal guidance as soon as possible to ensure that you don’t miss this critical deadline. The car accident lawyers at Loncar Lyon Jenkins can help you navigate this time frame and file your case before the deadline expires.
Role of Police Reports and Evidence
One of the most important parts of building a strong case after a car accident is gathering evidence. Police reports, photographs, witness statements, and medical records all play crucial roles in establishing the facts of the case.
Importance of Immediate Evidence Collection
After an accident, collecting evidence immediately is vital. Your lawyer will guide you on how to secure evidence, such as:
- Photographs of the scene, damages to vehicles, and visible injuries
- Witness statements that provide an unbiased account of the accident
- Medical records documenting injuries and treatment
The Loncar Lyon Jenkins team will help you gather all of this evidence to build a compelling case for you, ensuring you don’t miss any important details that could support your claim.
Types of Evidence: Photos, Statements, Medical Records
The evidence collected will be used to establish who was at fault, the extent of your injuries, and how the accident impacted your life. This evidence is critical in proving negligence, establishing damages, and supporting your claim for compensation.
Importance of Immediate Medical Attention
One of the first things to do after any car accident is to seek medical attention, even if you feel okay. Some injuries, like whiplash or soft tissue damage, may not become apparent until later. Immediate medical treatment can help prevent worsening conditions and provide important documentation linking your injuries directly to the accident.
Linking Injuries to the Accident
To recover compensation for your injuries, it’s essential to link your injuries to the car accident. Without proper medical documentation, it can be difficult to prove that the accident was the cause of your injuries. Loncar Lyon Jenkins can help you ensure that all medical documentation is accurate, thorough, and directly tied to the accident, strengthening your case.
Impact on Long-Term Health and Finances
Some car accident injuries can have long-term effects on your health and finances, such as ongoing physical therapy, permanent disability, or lost earning capacity. A car wreck lawyer will help assess the long-term impact of your injuries and ensure these factors are considered when calculating the value of your claim.
Consulting with a Car Accident Attorney
Once you’ve gathered evidence and sought medical attention, consulting with an auto accident attorney is essential. An experienced attorney can evaluate the merits of your case, determine if you have a strong legal claim, and guide you through the complexities of the legal process.
Free Initial Consultation
At Loncar Lyon Jenkins, we offer a free consultation to discuss your case. This gives you an opportunity to discuss the details of your case without any financial obligation. During the consultation, a car accident attorney will listen to your story, review the evidence, and provide a clear assessment of the potential for your case.
Attorney’s Role in Case Evaluation and Strategy
Your lawyer’s role will include evaluating the strengths and weaknesses of your case, advising you on potential strategies, and guiding you through the legal process. They’ll help you understand your options, whether that means negotiating with insurance companies or pursuing a full lawsuit in court.
Filing an Insurance Claim vs. Filing a Lawsuit
After a car accident, you generally have two options for seeking compensation: filing an insurance claim or filing a lawsuit.
Texas’s At-Fault Insurance System Explained
Texas follows an at-fault insurance system, meaning that the driver who caused the accident is responsible for the damages. When filing an insurance claim, your lawyer will help you deal with the insurance companies, ensuring that they don’t take advantage of you by offering an unfair settlement.
Lawsuit Considerations: Severity, Fault, and Insurance Limits
If the insurance claim doesn’t result in fair compensation, or if there are issues with proving fault, filing a lawsuit might be necessary. Factors like the severity of your injuries, the level of fault on the part of the other driver, and insurance coverage limits will all be considered in determining whether a lawsuit is appropriate. Your car accident lawyer will guide you on the best course of action, whether that’s negotiating with insurance companies or filing a lawsuit.
Potential Damages Recoverable
In a car accident claim, you may be entitled to recover economic and non-economic damages, depending on the circumstances.
Economic: Medical Expenses, Lost Wages
Economic damages compensate for tangible financial losses, such as medical bills, lost wages, and property damage.
Non-Economic: Pain and Suffering, Emotional Distress
Non-economic damages compensate for intangible losses, such as physical pain, mental anguish, and loss of enjoyment of life due to the injury.
Get the Justice You Deserve – Free Consultation Available Now!
If you’ve been involved in a car accident in Texas and are unsure whether you have a valid legal case, the car accident lawyers at Loncar Lyon Jenkins can help. We offer free consultations to discuss your case and provide the guidance you need. Our team will evaluate your case, help gather the necessary evidence, and fight for your right to fair compensation. Contact us today to schedule your free consultation and take the first step toward justice.
