You would have rights if you were injured as a passenger in a car that was in an accident. Those rights include the ability to file a claim with the liable insurance provider or sue the at-fault party. You also have the right to work with an attorney throughout either process.
If you elect to file a lawsuit, you must do so under Texas Civil Practice and Remedies Code § 16.003. If you fail to file your lawsuit within the two-year deadline, you could lose the right to seek damages.
You Have the Right to File a Claim After Suffering Losses in a Car Accident
Per the Texas Department of Insurance (TDI), all motorists must prove that they have the financial means to pay for accidents they cause. Hopefully, the other driver in your accident had liability insurance.
This way, you could file a claim and seek damages through that avenue. If not, however, you might have no choice but to sue the negligent driver.
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You Have the Right to File a Lawsuit After Suffering Losses in a Car Accident
If the at-fault driver was not carrying liability insurance, you could sue them personally for the cost of your injury-related losses. If your case goes to court:
- You must give a statement recording your version of events.
- You must provide proof that your accident was caused by negligence.
- You might need to give a deposition, where the other party’s attorney will ask you questions.
These are only a few things required of a civil lawsuit. As we’ll discuss later on, you can work with a car accident lawyer from our firm on your case. That way, your lawyer can handle all of your situation’s legal-related obligations.
You Have the Right to Seek Compensation for Your Injury-Related Losses
Compensation in your case could cover the following:
Your Necessary Medical Expenses the Car Accident Caused
The court or insurance company could compel the other party in your case to pay for:
- Surgery or other procedures
- Physical therapy
- Mental health counseling
You could have suffered minor bruising or post-traumatic stress disorder (PTSD) after your car accident.
Your Employment-Related Losses the Car Accident Caused
Depending on your injuries and their impact on your job, you could seek lost:
- Employee benefits, like paid time off (PTO) and insurance
- Freelance contracts
- Job advancement opportunities
If your injuries are projected to affect your long-term earning power, you could cite the amount you expect to miss out on as well.
Non-Economic Damages, Like the Pain and Suffering You Suffered As a Passenger
Non-economic damages go beyond your financial losses. They account for the harm of your condition on your personal and professional lives. Examples include, but are not limited to:
- Pain and suffering
- Loss of enjoyment of life
- Disability, whether physical or cognitive
- Loss of consortium
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You Have the Right to Work with a Car Accident Lawyer on Your Case
Our firm has been managing car accident cases since 1988. In that time, our firm has advocated for passengers who suffered losses following car accidents. Here are some of the services you can expect from our Texas law firm:
You Can Manage Your Passenger Injury Case on Contingency
Some injury lawyers ask that you pay up front for their help. Others require retainers, which you constantly have to pay during their case’s progression. Our firm doesn’t do either of those things. Our lawyers work on contingency, so none of our clients pay anything out of pocket for our help.
If you get compensation for your injuries, our team gets compensation for our help. If you don’t win anything, neither do we. So, there’s virtually no financial risk in hiring our team. Our firm can defend your rights as a passenger in a car that was in an accident today.
Your Lawyer Can Prove Negligence in Your Car Accident Case
The American Bar Association (ABA) requires us to prove that you were hurt and suffered losses because another party failed to drive safely. Proving negligence is harder than it sounds. It requires us to find and utilize pieces of evidence like:
- The accident report
- The involved parties’ cell phone records
- Traffic camera footage
- Witness testimony
- Physical evidence at the accident scene
- Your injury-related invoices and receipts
Our lawyers might even consult with accident reconstruction specialists and healthcare professionals on your case.
Our Team Can File Your Passenger Injury Insurance Claim or Lawsuit
After your lawyer assesses your situation, they will determine whether filing a claim or lawsuit benefits your situation. In service of your claim, they will:
- Handle all communications
- Present your case to the claims adjuster
- Identify the liable party
- Negotiate a settlement
- Calculate your losses
If our lawyers file a lawsuit, they will:
- Exchange evidence during the discovery phase
- Guide you through the deposition-giving process
- Cross-examine the other party’s witnesses
- Cite state law and precedent
- File your lawsuit’s paperwork
- Adhere to the statute of limitations
- Advise you on giving a statement
You could represent yourself in civil court and settle your car accident claim without a lawyer. Yet, while dealing with serious injuries, this might not be possible. By allowing our firm to handle your case, you allow yourself to recover.
Call in the Strong Arm for a Free Passenger Injury Case Review
Loncar Lyon Jenkins has over 30 years of experience advocating for people in your position. Our firm can get started on your case as soon as you give us a call. Explore your options in a free case review by dialing (877) 239-4878.