Take a look at common questions by Texas injury victims seeking legal counsel in 2020
Ideally, if the insurance companies would pay injured victims a fair amount for their injuries, you would not need an accident attorney. But unfortunately dealing directly with these companies is almost always a headache that keeps you from making the best decisions, especially during this stressful time.
Ideally, if the insurance companies would pay injured victims a fair amount for their injuries, you would not need an accident attorney. As a law firm we have a 98% success rate in our cases. For more detailed information click here.
This is a very common question, but unfortunately it is not possible to know the exact value of your case until we begin working on it. The factors that determine the value of any case are the severity of your injuries, the cost of your medical treatment, and the amount of money the at-fault party has on his or her insurance policy.
We will never charge you a penny directly out of your pocket. We work on a contingency fee basis which means that we only get paid when we win your case. Our costs are paid by the at-fault party’s insurance company. For more details on the percentage you are charged, call us today at (888) 398-4017.
At Arash Law Texas, our results-driven injury attorneys in Texas are dedicated to helping clients maximize the value of their claims. Our goal is to help you get full and fair compensation for your damages and losses.
If you were injured in an accident, you might be entitled to the following economic (special) and non-economic (general) damages:
- Past and future medical expenses
- Lost wages
- Property damages
- Out-of-pocket expenses
- Lost earning capacity
- The cost of rehabilitation and physical therapy
- Loss of consortium
- Pain and suffering
- Mental anguish
- Disfigurement
- Emotional distress
- Inconvenience
- Loss of enjoyment of life
General damages are the types of damages that cannot easily be assigned a monetary value, while special damages cover measurable economic losses.
Under Texas Civil Practice and Remedies Code § 16.003, the statute of limitations for personal injury cases is two years from the date of the accident. In other words, if you have suffered injuries in an accident, you have two years to bring a personal injury case against the party whose negligent, intentional, or reckless conduct caused your injury.
In limited circumstances, the injured victim may be eligible for exemplary damages, which are also known as punitive damages. Unlike compensatory damages, exemplary damages are intended to punish the defendant for their outrageous conduct.
In order to recover exemplary damages, the victim must present clear and convincing evidence that they were injured due to gross negligence, fraud, or malice (Texas Civil Practice and Remedies Code § 41.003).
The State of Texas imposes limitations on certain damages awarded by courts in personal injury cases. However, those damages caps do not apply to all cases. The limitations on damages awarded by Texas include:
- Damages in medical malpractice lawsuits. Non-economic damages are capped at $250,000 per claimant regardless of the number of doctors or healthcare providers sued in a medical malpractice lawsuit. An overall damages cap is $500,000 per claimant in cases against more than one healthcare provider. Texas Civil Practice and Remedies Code § 74.301.
- Exemplary damages. These damages cannot exceed the greater of $200,000 or two times the amount of economic damages and an equal amount of non-economic damages up to $750,000. Texas Civil Practice and Remedies Code § 41.003.
- Lawsuits against government agencies. In lawsuits against the city, state, or other government entities, damages cannot go over $250,000 per person and cannot exceed $500,000 for a single event.
It is recommended to take the following steps if you have been involved in an auto accident in Texas to protect your rights and preserve evidence:
- Call the police. You need to call the police to document the accident. Under Texas law, you must report your accident to a law enforcement department if it resulted in bodily injury, death, or at least $1,000 in property damage.
- Seek medical attention as soon as possible (even if you feel fine).
- Take photos at the scene of the accident. Take pictures of vehicle damage, skid marks, road conditions, and other relevant details at the scene.
- Talk to witnesses. Write down their names and contact information.
- Obtain contact information. Obtain the names, addresses, phone numbers, and driver’s license numbers from all parties who have been involved.
- Do not talk to your insurance company before you consult with an attorney. It is in your best interests to speak with a Texas car accident attorney before reporting your crash to the insurer.
- Call an accident attorney at Arash Law Texas. The sooner you contact an attorney, the better.
If you have been involved in a car crash anywhere in Texas, do not hesitate to call our Texas accident attorneys at Arash Law Texas to receive a free case review. Call (888) 398-4017.
If you or your family member has been involved in a car crash in Houston, Dallas, Austin, San Antonio, or elsewhere in Texas, you need an experienced attorney to obtain compensation for your injuries and damages.
At Arash Law Texas, our Texas car accident attorneys will provide a variety of legal services to represent you if you have suffered injuries in a motor vehicle crash. Some of the ways we can help include:
- Providing a free initial consultation to discuss your unique situation and ensure that you understand your options.
- Conducting an in-depth and thorough investigation to determine what caused your accident.
- Gathering evidence to prove your case.
- Assisting you to get effective medical treatment.
- Communicating and dealing with insurance companies on your behalf.
- Preparing your case to go to trial if necessary.
- Keeping you up to date on the status of your case.
Determining fault is one of the most complicated aspects of recovering damages after a car accident in Texas. However, without this step, you may not be able to seek maximum compensation for your injury and losses.
In most cases, the following steps are necessary to determine fault after an accident:
- Conducting an in-depth investigation
- Visiting the scene of the crash
- Speaking with witnesses
- Reviewing photos and videos
- Obtaining the police report
- Gaining access to video surveillance systems
- Hiring accident reconstruction specialists
- Consulting with other expert witnesses, including medical professionals
At Arash Law Texas, our skilled attorneys use all of our experience, resources, and contacts to investigate auto accidents and determine fault.
Our Texas accident attorneys are committed to assisting clients with calculating their compensation after car crashes. Depending on the circumstances of your auto accident, the following types of damages may be available in your case:
- Medical bills
- Loss of income due to your inability to work
- Diminished earning potential if you have a disability
- The cost of repairing or replacing your damaged vehicle
- Pain and suffering, emotional distress, and other intangible losses after the accident
- Loss of consortium
- Loss of enjoyment of life
- Exemplary damages
These are only some of the damages that may be recoverable in your car accident case. Speak with an experienced accident attorney in Texas to identify all available types of damages in your case and calculate how much your claim is worth. At Arash Law Texas, we may be able to estimate the value of your car accident case during a free initial consultation.
Texas follows the doctrine of modified comparative negligence, commonly referred to as “proportionate responsibility” under Texas Civil Practice and Remedies Code § 33.001. Proportionate responsibility means that you may be found partially at fault for your injury. In fact, it is not uncommon for multiple parties to be deemed negligent in a car crash.
Under the modified comparative negligence rule in Texas, you can seek compensation for your injuries as long as you were less than 50% at fault for the accident. However, your compensation is reduced in proportion to your degree of fault. You will be barred from recovering damages if your fault exceeds 50%.
The other party involved in the accident or the insurance company may attempt to shift blame to you to reduce the value of your car accident claim or deny it altogether. For this reason, it is critical to be represented by a Texas accident attorney from Arash Law Texas to challenge false allegations of negligence and prove that the other party was fully or mostly at fault for causing the crash.
