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How to Obtain a Car Accident Settlement|Car Injury Compensation Guide

Car accidents are deeply traumatic. In many ways, they are as bad as a house fire or natural disaster. Accident victims bravely stagger beneath large medical expenses at a time when many of them are too hurt to work. This is a stressful time, and you need a generous financial settlement to fix your car and cover your lost wages or income. Injured motorists also deserve compensation for their pain and other general damages.

Call The Stano Law Firm to schedule a free consultation. Below, our Houston car accident lawyer walks you through the critical steps involved in negotiating a successful car accident settlement.

Step 1: Understand Fault

Texas is a fault state. This means that you must prove who is to blame for your accident if you want to force them to pay compensation. No one is automatically required to pay anything to you simply because you were hurt in a crash. You might have been at fault for the collision, in which case you can’t force someone to pay you money.

One misconception is that you are entitled to compensation from any driver who hit you. That’s not true. Instead, we need to show the driver was negligent in how they drove the vehicle. You might have pulled directly in front of another driver, and they had no time to avoid an accident. Although they “struck” you, they are not at fault—you are.

Fault can be shared in Texas. Under Section 33.001 of the Texas Civil Practice and Remedies Code, a plaintiff cannot receive compensation if their share of fault exceeds 50%. Further, their compensation is reduced by their share of fault if they are 50% or less responsible.

Step 2: Gather Evidence of the Accident

Because you have the burden of proving fault, you need evidence that allows people to reconstruct what happened. Certainly, your own memories of the wreck are critical, but insurers might discount what you say.

Some of the evidence is at the scene:

  • The driver’s personal and insurance information.
  • The cars right after the accident. Get photographs of each vehicle, as well as shots which establish where they ended up immediately following the crash.
  • Road hazards or defects. Some hazards cause an accident when both drivers are being careful. Examples of hazards include potholes, hidden or missing stop signs, and malfunctioning traffic control devices.
  • Witness statements. Talk to witnesses and ask if you can have their name and a phone or email address.

Other evidence can be found later, such as surveillance video which captures the accident from a nearby business or home. Your attorney can search for that.

Step 3: Go to the Hospital for Treatment

A victim also needs to prove the severity of injuries. Again, you can certainly explain how you are hurt, but objective, third-party evidence is useful. Go to the hospital so a doctor can diagnose your injuries. We can rely on X-rays, MRIs, doctor’s notes, and prescription medication to help prove you were seriously hurt.

What if you don’t have the money? An emergency room needs to stabilize you, even if you cannot pay. Also, a doctor might be willing to work on a letter of protection (LOP), which gives them a right to reimbursement from your settlement.

Step 4: Open a Claim with Your Insurance Company

Call and share the pictures and information about all drivers involved. You should not give any type of detailed statement about what happened—just provide basic information, such as the day, time, and location. Detailed statements can come later.

Step 5: Hire a Car Accident Lawyer

Some people try to negotiate their own settlements, which we believe is a critical mistake. An experienced lawyer is better able to properly value your injuries and fight for meaningful compensation.

Most people know they can get compensation for car repairs and medical treatment. But did you know you can receive compensation for pain and suffering? Few people know how much to request. In fact, most people undervalue their pain and emotional distress. Let our legal team research similar settlements to identify how much to request.

Step 6: Avoid Simple Mistakes

Certain errors will undermine your ability to receive a settlement:

  • Do not give any type of recorded statement to insurance adjusters. They might be trying to get you to admit fault, which could reduce your settlement or deprive you of any money.
  • Avoid stopping treatment early. You should undertake all rehab a doctor recommends.
  • Never accept a settlement without running it by a lawyer first. Insurance companies rarely make a fair offer first, so the first offer is usually too low.

If you hire an attorney, we can do all the work for you. That lets you focus on recovery and time with your family.

Get Experienced Legal Help

You can call 832-777-0390 to schedule a private consultation with a Houston car accident lawyer. We do not charge our car accident clients a fee unless we win your case!