FAQs About Injury Claims and Car Accidents
If you or a loved one are facing serious injuries, wrongful death, pain and suffering, financial losses, and other losses, you should know that you have legal options and help available.
If you are confused about what to do after an accident, review the list of frequently asked questions to ease your discomfort and confusion.
How Can an Attorney Help Me?
There are many ways a personal injury attorney can help you. They can help you understand your legal options and rights, negotiate a settlement with an insurance company, and ensure that you recover the compensation you deserve.
Should I File a Car Accident Claim?
If you suffered any damages, you have the right to pursue compensation for those losses. However, it is important to note that after an accident, insurance may not cover the full cost of your losses, especially if serious injuries are involved. This may leave victims suffering for years of medical treatment and an inability of being able to work. This is why it is important to file an injury claim, that way you can take actions to protect your entitlement.
How Much Compensation Am I Entitled To?
There is really no way of knowing the exact amount of compensation you are entitled to since every case is different. The outcomes are based on negotiations with your attorney and the insurance company. The compensation awarded depends on the damage.
In car accidents and other personal injury claims are often categorized as either non economic or economic damages.
Noneconomic Damages May Include:
- Loss of earning capacity
- Pain and suffering
- Loss of ability to enjoy life
- Loss of companionship
Economic Damages May Include:
- Lost wages
- Medical treatment
- Out of pocket expenses
- Property damage
What if The Car Accident Was Partially My Fault?
Texas follows the 51% bar rule. This means that if you are more than 51% responsible for the accident then you will not be compensated. However, below 51% entitles you to compensation.
Always speak with an attorney first, they can assess your case and let you know where you stand.
What If The At Fault Driver Doesn’t Have Enough Insurance?
If the minimum amount of their insurance is not enough to cover for damages, under insured motorist insurance (UIM) can compensate the rest. UIM covers bodily injuries, as well as property damage.
What If My Auto Insurance Claim Is Denied?
You can request a reconsideration if you do not agree with the list of reasons why your insurance claim has been denied. Your lawyer can evaluate your auto insurance policy and the accident to determine if you were wrongfully denied coverage.
If the insurance company denies your claim again, you may be able to file an appeal with the Texas Department of Insurance. Your attorney will assist you with the process and walk you through the appeals process, as well as build a strong to ensure you get the compensation you are entitled to.