A Challenging Time
It’s no surprise that following a car accident
can be challenging for all involved, regardless of the injuries or damages sustained. You likely have to miss work, attend multiple doctor visits to heal your injuries, and get your vehicle repaired.
All of this can become increasingly frustrating if you find out that the driver you collided with is at fault and uninsured which occurs often especially in large metropolitan areas such as Houston, Dallas and San Antonio. What options do you have? We encourage you not to give up and to discuss what you may be able to pursue by speaking with one of our team members.
You Have Options
One option that many choose to research is if their health insurance covers the costs associated with their injuries and paying the rest out of pocket. This option may be feasible if the injuries you sustained were relatively insignificant, but if not, you may choose to seek other options.
Did you purchase additional insurance coverage, such as uninsured motorist coverage? Some states, including Texas, offer this as added protection against this very scenario. Unless you refused this coverage in writing, you may already have it and not know it. A skilled attorney can help you research your coverage, analyze how to get the most out of it and negotiate with the insurance companies.
They may also need to prove that the other driver was negligent and therefore liable if it’s not an obvious scenario, which they can skillfully do for you through investigations and gathering documentation.
Filing a Personal Injury Lawsuit
In some cases, you may need to pursue the person who caused the accident personally. If you are awarded money in this case, it will generally come from the person’s assets that caused the accident.
The drawback here is that, realistically speaking, if the other driver avoided the laws of having insurance in order to save money, it’s not likely that they have assets to liquidate to cover your damages.
Investigations into what the other party has in their name may be necessary to determine whether this option is worth your time and effort. Experienced lawyers can quickly work on establishing what assets may be available and how to pursue them.
Another Aspect to Consider
A unique perspective to consider may be that a third party was involved in the accident, and they can help to compensate you for your damages. Suppose you were in an accident with someone who was on the clock in their career at the time of impact. You may be able to pursue their place of employment to bridge the gap between what your insurance will cover and the total damages incurred.
In another example, what if there was a faulty part in the car that crashed into you? Maybe there is a manufacturing issue, and you can pursue the manufacturer for the injuries you sustained. Similarly, perhaps a mechanic made a mistake in fixing a vehicle. It led to the accident, such as faulty brakes, and they may be found liable for the accident occurring.
Furthermore, there may have been a third party in the accident, such as another driver, and if they were found to be partially at fault, you might be able to pursue them for a portion of the damages as well.
What Types of Damages Can I Pursue Following a Car Accident in Texas?
Damages that you can pursue range from tangible to intangible. Though the intangibles are more complicated to calculate, a skilled attorney can help you gather estimates and accurately compensate you.
Medical bills, hospitalization, physical therapy, occupational or speech therapy, and more are tangible bills that you can gather and calculate easily.
Lost wages are also easy to calculate based on what you make per week or hourly and add up the time you missed while tending to your injuries, getting your car fixed, or pursuing damages.
Loss of future earnings – this category can be included if you can no longer perform the duties of your job as you once were before the accident. If you are forced to take a lesser-paying position that you can achieve based on limitations caused by the accident, you should be compensated for the difference.
Pain and suffering – while more challenging to determine as it’s intangible, pain and suffering can cause debilitating issues in your life now and in the future. Your skilled attorney can help you estimate the value of this and pursue it effectively.
If your loved one lost their life due to an accident, you can pursue a wrongful death action and seek recover additional damages such as funeral costs and burial costs, loss of companionship, and potentially loss of their wages.
Courts will review all relevant facts of the case, such as how it happened, the level of negligence that was exhibited by the guilty party, the severity of your injuries, and more. They will also take into account how long you may be forced to be without work, how returning to work may look, and how that will affect you and your family financially.
Challenging Yet Rewarding
We have many years of experience helping our clients with even the most challenging cases. We listen to the facts surrounding your case and help you determine your options. We are skilled at negotiations, and if that doesn’t suffice what you deserve in compensation, we are prepared to tirelessly fight for what is right for our clients.
Contact our office today at (713) 999-6549 to discuss your options and form a winning strategy so you can put this chapter of your life behind you.