Car accidents are painful and traumatic, with impacts that can be temporarily or permanently life-altering. If you or a close family member have suffered injuries in a car accident caused by someone else, call the Addison car accident attorneys at GreeningLaw to learn about your legal options.
Get Experienced Representation From Our Addison Car Accident Lawyer
Why Choose GreeningLaw as Your Car Accident Attorneys In Addison
A car accident can significantly impact your life. At GreeningLaw, our personal injury lawyers in Addison take every client’s case as seriously as we would for our own family. Our firm offers the following advantages to your Addison car accident claim:
- A results-oriented approach to recover compensation through a settlement whenever possible, while also preparing every case for court
- A law office with a policy of open communication so you’re never left wondering about the timeline and progress of your case
- The skills and resources of an entire legal staff behind you and an attorney dedicated to pursuing the maximum compensation available in your car wreck claim
We’re ready to evaluate your car accident case during a free consultation. Our contingency-based payment policy means you only pay for our services after we recover your compensation.
What an Addison Car Accident Attorney Can Do for You
The involved insurance companies assign adjusters to investigate the accident, but protecting profits for their company is their job description. A car accident lawyer’s highest priority is to protect your best interests after the crash. An attorney from Greening Law does the following:
- Conducts an independent investigation to gather clear and concise evidence of liability
- Carefully reviews your medical expenses and employment records to calculate economic damages
- Consults with medical experts to determine the maximum amount of compensation to seek for non-economic damages like pain and suffering, and loss of enjoyment of life
- Puts their findings in an evidence-backed demand letter to the insurance company
- Attends negotiation meetings with the insurer and seeks the highest possible settlement
- Achieves an ample settlement for your damages or takes the case to court to litigate before a judge and jury
Court cases for car accident claims can take longer than obtaining a settlement. Still, juries are typically sympathetic to injury victims and often decide in their favor, resulting in large jury awards for injury damages.
Evidence That Can Be Used In Your Addison Car Accident Claim
When a car accident lawyer represents your best interest in a claim against an at-fault driver or other negligent party, they conduct an independent investigation to compile evidence that supports your side. Common sources of evidence used in Texas car accident claims include the following:
- The police report of your accident
- Eyewitness testimony
- Any traffic camera, dashcam, or security camera footage that captured the accident
- Photos and videos of the damaged cars and the accident scene
- The findings of accident reconstruction experts
- A medical report showing the full extent of the injury
- Medical expert testimony about the impact of the injury on the injury victim’s ability to work and other aspects of daily living, as well as their prognosis for recovery
- Medical bills and invoices
- Receipts for out-of-pocket costs
Often, the eyewitness testimony of family members, employers, and others close to the injury victim serves as evidence of the injury victim’s level of pain and disability and the impact of the accident on their ability to accomplish daily tasks and enjoy their life as they did previously.
What Can I Recover In a Car Accident Claim In Addison?
Serious car accident injuries have lasting repercussions for the injury victim and their family. If the injury causes disability, these consequences are lifelong. Common damages recovered in successful Addison car accident cases include:
- Property damage costs for repairing or replacing a vehicle
- Reimbursement for emergency medical costs
- Future medical expenses for further or ongoing care
- Compensation for lost earnings
- Future income loss or lowered future earning ability
- Compensation for pain and suffering
- Any other non-economic damages specific to your case, such as PTSD, disfigurement, loss of vision or hearing, loss of limb, or diminished quality of life
If a loved one died in a car crash in Addison, a close surviving family member can recover death benefits with the help of a wrongful death attorney.
Addison Statute of Limitations for Filing a Claim
Texas places a time limit on the amount of time after a car accident that an injury victim’s case can go to court. This statute of limitations also serves as a time limit for filing claims, since the insurance company knows that a court will decline to hear a case that is past the time limit.
The statute of limitations for Texas car accident claims is generally two years from the accident date.
The court may extend this time limit only under limited circumstances, including the following:
- A minor injured in a car accident has up to two years after turning 18 to file a claim
- If a car accident victim discovers an injury later, such as when a doctor diagnoses back pain as a burst disc fracture from an earlier accident, the statute of limitations begins on the date of discovery
- If a car accident victim is unconscious or incapacitated for a significant period after the accident, the time limit begins on the date they regain cognitive ability
Your car accident attorney from GreeningLaw can tell you more about how the statute of limitations affects your case based on the circumstances of your accident.
Determining Fault In an Addison Wreck
After a Texas car accident, the burden of evidence is on the car accident victim to prove the other driver’s liability. In a car accident claim, the injury victim must demonstrate fault through a preponderance of the evidence, meaning it must be clear that it’s more likely than not that the other party caused the accident. Proving fault requires evidence that meets the following legal standards for fault and liability:
- The at-fault party owed a duty of reasonable care to the injury victim. For instance, a driver owes a duty to take reasonable actions, such as avoiding distracted driving
- They violated this duty through negligent or reckless action
- The violation of their duty of care directly caused the accident and injury
- The injury victim suffered physical and economic damages from their injury
In most Addison car accident cases, the at-fault party is another driver. Less commonly, a negligent road maintenance agency may be at fault for failing to address dangerous road conditions, such as a pothole or an obstructed sign. If the accident resulted from a faulty car part or tire, the case could become a product liability claim against the manufacturer.
How Texas Liability Laws Affect Your Case
Unlike the few no-fault car accident insurance states, in Texas, determining fault and liability is required for a successful claim for the compensation an injury victim deserves. Texas operates under a modified comparative negligence system. Under Texas Code Sec. 33.001, the law states the following on the matter of liability in car accident cases:
“In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent…The trier of fact, as to each cause of action asserted, shall determine the percentage of responsibility, stated in whole numbers, for the following persons with respect to each person’s causing or contributing to cause in any way the harm for which recovery of damages is sought, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity that violates an applicable legal standard, or by any combination of these:
- Each claimant;
- Each defendant;
- Each settling person; and
- Each responsible third party
In simpler terms, the accident investigators from the involved insurance companies assign a percentage of liability to anyone who caused or contributed to a car accident. An injury victim may recover compensation as long as they are less than 51% at fault, but the insurance company subtracts their percentage of fault from the payout on their claim.
If your claim is for $100,000, but the insurance company says that you were 25% at fault because you were exceeding the speed limit when another driver hit you, they only have to pay $75,000.
While this system benefits those who truly contribute to the cause of their accident because it allows them to recover a portion of their damages, an insurance company may assign an unfair percentage of fault to protect its profits. An assertive Texas car accident lawyer protects their client from these and other common insurance company tactics used against car accident victims.
What Are the Common Causes of Car Accident Claims in Addison?
In a single recent year in the US, there have been five million car accidents with injuries requiring medical treatment, including 46,027 deaths. Under the fault-based insurance laws in Texas, a car accident victim may recover compensation from the insurance company of the driver responsible for the accident. Common causes of automobile accidents in Addison and the surrounding area include:
- Speeding
- Distracted driving
- Tailgating
- Aggressive driving
- Unsafe lane changes
- Unsafe passing
- Improper merging
- Failure to yield the right of way in an intersection or when exiting a parking lot or driveway
- Impaired driving
- Drowsy driving
- Violating safety regulations, leading to a truck accident
Even if you contributed to the motor vehicle accident, you may still recover a portion of your damages as long as you were less than 51% at fault under the modified comparative negligence car accident law in Texas. The insurance company deducts your percentage of fault from the amount you recover. Let a car accident lawyer from GreeningLaw, P.C. handle your injury claim.
Call the Car Accident Lawyers In Addison at GreeningLaw
A successful car accident claim requires substantial evidence of the at-fault party’s liability to prevent their insurance company from shifting liability to you or protecting their profits at your expense. Contact GreeningLaw today so our law firm can take prompt, assertive action to recover the compensation you deserve,