Understanding Your Rights After an Accident
Whether it’s a car crash, a trucking accident, or some other personal injury, being in an accident can sideline you for many months—sometimes, even resulting in life-altering injuries. If someone else’s negligence or wrongdoing resulted in your injuries, you may be wondering: what are my rights after an accident?
An accident can cause serious personal injuries, costing the victim significant expenses in medical care, lost work, and an overall decline in their quality of life. The following are some examples of the types of damages you may be able to recover in your claim:
- Medical care and treatment expenses, including the costs of hospital stays, doctor’s visits, specialist care, medical imaging and treatments, and prescription medications
- The expenses associated with physical, occupational, or other types of therapy, along with the costs of home care, nursing care, or rehabilitative care
- The cost of repairing or replacing your vehicle, if you have suffered damage to it or to other personal property
- The wages you’ve lost as a result of being unable to return to work, and potentially, the decrease in future wages if you are unable to perform your job in the future
- Damages for your pain and suffering, mental anguish, and psychological trauma
- Potential damages for scarring or other life-changing physical or emotional consequences from the accident
- Damages for the loss of enjoyment of activities that you are no longer able to undertake
- General damages to compensate you for the overall decline in your quality of life.
After an accident, you will typically need to file a claim for negligence against the parties responsible for your injuries, as well as their insurance company. A negligence claim involves the key concepts of liability and damages: you will need to prove that the other party breached their duty of reasonable care to you, directly causing your injuries and other damages. To do so, you will need to rely on solid evidence, including photos, statements, and documentation, which makes it greatly important to preserve evidence in your case.
After filing your claim, you will need to conduct a thorough investigation and discovery of the facts. You’ll need to research the laws and procedures of your jurisdiction and understand which ones apply to your particular claims. You will also have to negotiate with the other party and their insurance company — a daunting process, particularly because large insurers have significant resources on their side and aim to keep any settlement offers as low as possible. Should a settlement not result, you will need to take your claim to trial, presenting a strong case for the jury.
The process of filing and fighting a personal injury claim after an accident can be harrowing. Insurance companies fight hard to keep payouts small, and the process of negotiating with them can be difficult, contentious, and lengthy. Moreover, personal injury law can quickly become complex, particularly when it comes to proving liability and damages. You should not do this alone.
An experienced personal injury lawyer can make all the difference in your case. They will investigate the unique facts of your case and ensure important evidence is preserved properly so that your case can be as strong as possible during the settlement negotiations and trial. They will research the applicable laws and procedures of your state and advise you regarding your legal rights, options, and the best next steps to take.
Your lawyer will communicate with the responsible party, the insurance companies, and other people who are important to your claim on your behalf, negotiating with the insurance company towards a fair and reasonable settlement. If a resolution is not possible outside of court, they will present your case at trial, allowing you to focus on your recovery while they focus on recovering compensation for your injuries.
Hiring an experienced and knowledgeable car accident lawyer can make all the difference: They will not only help you build a stronger case based on the evidence but also advocate on your behalf during settlement negotiations and in court if needed. At our firm, we work with our clients to help them understand their legal rights and potential options, so that we can decide on strategic next steps together. Let the experienced personal injury lawyers at The Francis Firm help you understand your rights, get the medical care you need, and fight for the compensation you deserve. Texas law protects motorists from negligent drivers, and you have options for seeking compensation for the damages you suffered in your accident. Contact us today through our online form or call 817-396-7933.