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If you were recently injured in a car accident, you are in good company. Most people will probably experience an auto accident at some point, and personal injury claims related to such accidents are very common. Whether your accident was relatively minor or quite serious, an attorney can help you get fair compensation.
It is hard to say exactly when someone should file a civil case for a car accident, but it is generally a good idea to talk to a lawyer sooner rather than later. You have only 2 years from the accident to file our case, or you might lose your right to bring the legal cause of action to court. Once you meet with your lawyer, they can discuss your damages and injuries. Damages may involve economic costs from the accident in addition to non-economic injuries such as pain and suffering. In rare cases, exemplary damages might be on the table. To begin, we must determine who is to blame for the accident and what evidence we need to prove it.
Call The Queenan Law Firm at (817) 476-1797 and receive a free, private case assessment from our car accident lawyers.
When to Take Legal Action After a Car Crash in Sherman, TX
The immediate aftermath of a bad accident can feel like a whirlwind. You might be dealing with very painful injuries, medical care, and various people blaming each other for whatever went wrong. First, try not to panic. Remain calm and ask for help from a lawyer. If you are hurt, you may be entitled to fair compensation, and your attorney can help you figure out how to get it. The trick is getting started at the right time.
The statute of limitations for personal injury claims is found under Tex. Civ. Prac. & Rem. Code § 16.003(a). Our car accident lawyers have only have 2 years from the date of your injuries to help you file your case. If this window closes and nothing is filed, you might be time-barred from ever filing your claims. The sooner you start working with a lawyer, the better. The longer you wait to begin, the more likely that evidence will be lost, and trying the case will be much harder.
Since car accidents are often covered by auto insurance, injured victims sometimes try to handle the case by filing an insurance claim before they contact an attorney. Some cases might be completely covered by insurance, while others are only partially covered. Other claims are completely denied. If you file an insurance claim but the settlement offer is insufficient, or your claim is denied, call an attorney to discuss taking civil action.
Possible Damages in a Sherman, TX Car Accident Case
Car accidents are unpredictable. Some are gravely injured, while others are largely unscathed. Whether your injuries are monumental or minimal, you deserve fair financial compensation. Your attorney can help you evaluate your losses and calculate your damages.
Non-Economic Damages
Vehicle accidents often lead to more than physical injuries. Non-economic damages revolve around personal experiences that cannot be proven by receipts or proof of costs. A traumatic accident might leave you with serious emotional and psychological scars. Emotional distress, mental suffering, and even psychological conditions like PTSD may form the basis for substantial non-economic damages. Some other examples include humiliation, physical pain, damage to your reputation, and a reduction in your quality of life.
Economic Damages
Economic damages are often directly related to the monetary costs of the accident. If you were hurt, you likely went to the hospital and received medical treatment for your injuries. Even one day in the emergency room might cost more than you can afford. If you need more serious care or long-term treatment, your costs might be far more substantial.
We must also take into account your ability to continue working after a car crash. You might need a few days, weeks, or even months off from work to recover from your injuries. Some people are so badly injured that they can never return to full-time work. Your lost wages might be significant and should be included in your economic damages.
What about your vehicle? Was your car dented, dinged, or otherwise damaged? Maybe your car was totaled and is no longer drivable. The cost of repairs or a replacement vehicle must be included in your claims.
Exemplary Damages
While the above damages are meant to compensate you for things you have lost and painful experiences you have endured, exemplary damages are different. These damages are meant to penalize defendants if their behavior meets certain statutory criteria. These damages are hard to prove and rarely available, making them less common. Even so, they might be available in your case, and you should talk to an attorney.
According to Tex. Civ. Prac. & Rem. Code § 41.003(a), a plaintiff may be awarded exemplary damages if they prove that the defendant caused the accident by acting with fraud, malice, or gross negligence. These cases often involve serious or extreme circumstances, and the defendant’s behavior may be said to be shocking or outrageous.
Figuring Out Who is Responsible for an Auto Accident in Sherman, TX
When you meet with your lawyer, you must discuss who should be held responsible for the accident. For some, this is an easy question to answer. If your accident involved only one other driver and you know you did not do anything wrong or negligent, the other driver clearly should be named in your case. However, other accidents are more complicated than that. Your accident might be a multi-vehicle collision and multiple drivers are all blaming each other and you for the crash.
If another driver tries to blame you for the crash, we might have to contend with laws of proportionate responsibility. According to Tex. Civ. Prac. & Rem. Code § 33.001, Texas adheres to the rule of modified comparative negligence. Under these rules, if a jury determines that you are partially responsible for the collision your overall damages may be reduced according to your share of the blame. If you are 20% responsible, your damages are reduced by 20%. However, you may be barred from recovery if you are determined to be more than 50% responsible for the accident.
Call Our Sherman, TX Car Accident Lawyers to Talk About Your Claims Today
Contact The Queenan Law Firm by calling (817) 476-1797 and obtain a free, private case review from our car accident attorneys.