If you've been injured in a car accident, it's worth talking with one of our experienced personal injury lawyers about your claim. If it doesn't sound like you need a lawyer, we'll let you know. If you do need a lawyer, we can get to work right away protecting your rights and maximizing your recovery. While a car accident may not appear to be serious at the outset, appearances can be deceiving, especially when it comes to certain types of musculoskeletal injuries and brain trauma. For starters, there is no precise definition of what constitutes a "minor" car accident. Generally, an accident that causes less than $1,000 in damage can be considered minor. People may also speak of a minor car accident as one where there is no damage to the car and the passengers suffered no injuries. But just because you feel fine immediately after an accident doesn't mean you're actually uninjured. You might not feel any pain as you're standing at the accident scene surveying the damage. That's because during moments of stress, your body produces chemicals, like adrenaline and endorphins, that can block pain. It may only be later, when you get home and relax, that you start to notice any injury symptoms. Even then, you might dismiss your symptoms as nothing serious and assume they'll resolve on their own. But this could be a serious mistake that plays into the hands of the insurance company.
Insurers and their defense lawyers frequently use the argument, and trot out experts to support their claim, that the forces involved in low-speed accidents are not significant enough to cause injuries. There is a significant body of research, however, showing that even low speed accidents can cause chronic injuries, including so-called "whiplash," a type of injury to the soft tissues (such as ligaments and muscles) of the neck, and concussions. For example, a 2021 scientific article found that the use of the "biomechanical approach" (i.e., the defense tactic used by insurance companies) vastly underestimates the actual risk or real-world, low-speed impacts. Emerging evidence also shows that there's no such thing as a "mild" concussion. Some people develop headaches, fatigue, brain fog, memory problems, and other symptoms of post-concussion syndrome. These symptoms can last for months or years. Similar symptoms, which can also be long-term, may result from whiplash. Both whiplash and concussions can occur in relatively low-speed collisions that produce little vehicle damage.
The problem with assuming your injuries are "minor" is that you might put in an initial car accident claim, and then find out later the true extent of your injuries. The insurance company might pressure you to settle your claim immediately, but you don't have to. For help dealing with the insurance company and advice on seeking medical treatment, get in touch us. First of all, you should never admit fault in a crash. Even if you are certain that you caused the accident, there is no benefit—and potentially, a lot of harm—to admitting this to a police offer at the accident scene, the other driver, or the insurance company—including your own insurance company. In fact, it's best that you say as little as possible to any of these parties. You may have to exchange insurance information and provide law enforcement with a statement. If you do, stick to the facts. Even a simple statement like, "I didn't see the other driver" could be taken as an admission of guilt. If you aren't sure what to do or say, know that it is your right to speak to a car accident lawyer at any point.
Your insurer will work with the other driver's insurer to determine fault, based on the available facts. Again, your statements on who caused the accident could come back to hurt you. You may be convinced you're at fault, but additional details could come to light that show the other driver was at fault, either in whole or in part. You certainly should not make a statement to the insurance company—yours or somebody else's—right away. Allow some time to pass so you are not making a statement when emotions are running high and you haven't had time to process what happened.
You may have to report the accident to your insurance company within a certain amount of time. Don't rush. Let the claim play out. With the passage of time, information may emerge that helps your case. For example, maybe you were speeding, but maybe the other driver was texting and driving. You were at fault—but they were, too. In Texas, you can recover compensation for a car accident as long as you are not more than 50 percent responsible. That is, if you are 50% or less at fault, you can still recover money to pay for losses like medical bills and property damage. You may ultimately be at fault for the accident but still have significant injuries. In this scenario, you'll be going through your insurance company for payment. Just because a company is your insurer doesn't mean they have your best interests in mind. Remember: no matter what they promise about being "on your side," "like a good neighbor," or "in good hands," the insurance company—whether yours or somebody else's—is not your friend. Before talking to the insurance company, you should first talk to the Texas car accident attorneys on our team. There are a lot of people that live and travel through Texas every day. This means that vehicle accidents are going to happen. However, there are many causes of these unfortunate events. Let's take a look at some of the common causes of car accidents in the great state of Texas. With any accident can come a variety of injuries and medical problems. Some are more common than others depending on the type of vehicle accident that occurred.
If you had any of these injuries in a Dallas car accident, there's no doubt that huge medical bills can come along with it. Give us a call for your free consultation. There's no reason to suffer needlessly. We can help you. Some law firms work on a contingency fee basis, which means that if the insurance company settles your case for you, you only pay us a percentage of the money that they recover. If no settlement is reached, you will not be charged anything for our services. We will pay all the costs that are incurred when you first file a claim for damages from a car accident. If the insurance company recovers money for you, we will pay you a percentage of the money. If we get a recovery on your behalf, this usually means getting a settlement or a court verdict in favor of you. If that happens, you will only pay us a small percentage of the money that you recover. If we do not recover money for you, you owe nothing to us. Lawyers usually charge a contingency fee if the case is successful and it comes out in your favor. Since most attorneys fees are paid out of the money that you receive from the settlement, you do not have to pay anything out of your own pocket. Most lawyers will charge you 35 percent of the initial settlement if there is no need to file a lawsuit. If there is, there will be no cost to you. If you need to file a lawsuit, then the attorney fee can increase to 40 percent. Keep in mind that most cases will be resolved without going to court. We will not file a lawsuit against you if we do not have your permission to do so. Attorney fees are paid only if you get a $20,000 settlement in your case. If we get $7,000 in your case, then you will only pay $7,000 in attorney fees. You will receive the remainder of the $13,000 you were awarded. There will be some portion of the amount that you receive back in the form of a lump sum, which means that your medical bills and any other debts will have to be paid, and the rest will end up in your pocket. You will receive the money back and use it to cover any losses that you may have suffered from the accident. If you cannot get a settlement from the insurance company, you will not pay anything if you get nothing from it. Settlements are usually paid out by the insurance companies. If an insurance company wins your case, you will receive a percentage of the money that they recover. Insurance companies like to pay people out in one lump sum and not distribute the money in smaller payments.
There are several things that affect the amount that you receive in a settlement. Some things will help you qualify for a hefty settlement, but it will depend on the details of your case. This is why it's really important to document everything that happened in your car accident and to keep all the records that you need to prove that you were responsible for the accident. When you've been injured in a car accident, it is completely normal to take care of your health. Many people think that hiring a car accident lawyer to help them start the legal process sounds stressful. Keep in mind that you do not have unlimited time to file a lawsuit. Every state has a different statute of limitations for filing a car accident claim. What does the term statute of limitations mean? You have a particular amount of time before you can file a lawsuit against the other driver's insurance company if you are injured in a car accident. If you are being sued for personal injury or property damage, you have a time limit of two years in order to file a lawsuit with the courts in Texas (there are some exceptions to this). You are not entitled to an unlimited amount of time to file a lawsuit. So, don't delay! You should get legal help immediately. The sooner you act, the better. Keep in mind that speaking with a lawyer will NOT cause you more stress. Attorneys are there to relieve you of the stress that you may be experiencing and to manage the process of filing your case.