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Car accidents can be confusing. There may be multiple insurance companies to deal with, questions to answer, and repairs to get done. All the while, you may be dealing with substantial injuries that make it hard to go back to work, to care for your family, and to take care of yourself.
Our lawyers can help you get damages for all of these effects, from the medical to the economic to the mental/emotional. When we represent you, we can take the case to insurance companies and defendants, fighting for full compensation.
To get started with a free case review, call The Queenan Law Firm’s car accident lawyers at (817) 476-1797.
How Do I Know if I Have a Case?
Getting compensation is only possible if the defense settles or if you win your case in court. To even get your case into a courtroom, you need to meet four major elements of a “negligence” lawsuit.
These elements are
- A duty
- A breach of that duty
- That the breach caused your crash
- That you faced damages.
Most duties are based on traffic laws. For example, it is illegal to tailgate because that is dangerous. This allows that law to supply the duty element, and violating that safety law is a breach of duty.
Other duties involve safe-driving principles and what a “reasonable” driver would/should do.
If you are accused of being the one to actually cause the crash, courts can work out fault among multiple parties. This generally still allows you to sue with partial fault and reduced damages, as long as your degree of fault is less than or equal to the defendant’s.
What is My Case Worth?
Damages are based on the specific harms you faced, such as how long you were out of work, how much your medical care cost, and even how much pain you suffered.
Most crashes involve three major areas of damages: medical bills, lost earnings, and pain and suffering. However, you can also get compensation for your spouse’s losses, for other economic damages, and for other negative effects the accident caused you.
How Much Does a Car Accident Attorney Cost?
Typically, injury attorneys do not charge a per-case or per-hour fee for their services. Instead, our car accident lawyers and most other injury lawyers will receive a percentage of the winnings at the end of your case.
This allows you to hire us without having to pay out of pocket and without having to break the bank while finances are tight. Because we are fighting to get you back on your feet and to get you compensation for lost wages, medical bills, and other expenses, it would be difficult for us to simply add more to those costs.
We will be able to discuss fees and percentages as part of your case review, and nothing is set until you sign an agreement to take on our services. You also pay nothing if we do not win your case; our payment is tied to you getting paid.
Will My Insurance Handle My Case for Me?
If you have closely read your insurance policy, you may understand that your insurance company sometimes provides a lawyer to defend you. However, injury cases make you the plaintiff, not the defendant. You typically need to find your own lawyer and bring a case to get damages when you are the one who was injured.
Our lawyers can take your case, file insurance claims and lawsuits, and seek damages from the defendant’s insurance. Their insurance company does not work for you, and their representatives’ goals are to get you to settle for a cheap value so they can end the case.
Even if you have the same insurance company as the defendant, you cannot trust them during your injury claim. Our lawyers are required to fight for your best interests, but your insurance company is not.
Does My Case Have to Go to Court?
Many injury cases do ultimately end up in a courtroom at some point. Insurance companies are rarely willing to just pay claims without a fight, and it can take rounds of negotiations and argumentation before they relent and pay up.
Sometimes, they never do let up, and the only way we can get the damages you need is to file a lawsuit. Once a lawsuit is filed, that does not mean you are locked in and have to go to trial. You can still settle your case after this.
Once the pressure is on and hearings and trial dates are scheduled, insurance companies are potentially more willing to cooperate and settle. After seeing all of the evidence laid out in discovery, they may understand their chances of winning are low and pay you what they owe you.
Do I Have At-Fault or No-Fault Insurance?
Drivers in Texas typically have “at-fault” insurance policies. Under this system, the at-fault driver uses their insurance to pay for damages. You can claim all damages for any accident against them through this insurance.
In contrast, a no-fault policy would see each driver using their insurance to pay for themselves after a crash. In these systems, you can get medical bills and lost earnings covered – up to a certain extent – but you always have to pay a deductible.
Your insurance policy may have additional coverages like medpay and collision insurance, which can work like a no-fault policy and cover you before the defendant’s insurance does. This can slightly complicate your case, but it is perfectly normal and something our lawyers deal with all the time.
Another important thing to consider is that you might have uninsured or underinsured motorist coverage on your policy. If the defendant’s policy limit is too low to cover your needs or they did not have insurance, your UM/UIM coverage can pay in addition or instead.
Call Our Car Accident Lawyers in Keller Today
Whether you faced a minor or serious crash, call our car accident lawyers at The Queenan Law Firm at (817) 476-1797 for a free case review.