Dallas Car Accident Lawyer FAQ

Although it’s not legally required, we highly recommend contacting an attorney after suffering injuries in a car accident. Even a relatively minor collision can leave you with expensive medical bills and injuries that prevent you from working. Some types of “minor” accidents, like rear-end collisions, can also cause hidden injuries that don’t present symptoms until much later. An attorney can help you account for these types of long-term injuries and pursue fair compensation for you.

Additionally, a car accident attorney can negotiate and resolve disputes with insurers. Insurance companies often try to minimize or delay payments by shifting blame and disputing the severity of injuries. Attorneys can fight these negotiation tactics and hold insurers to their payment obligations.

Being sued after a car accident doesn’t automatically mean you owe the person filing the lawsuit compensation. They must prove you caused the accident and their resulting injuries, just as if you sued them. Your lawyer can help you fight back against the other party’s claims, and some evidence your lawyer might use includes the following:

• Police crash reports
• Eyewitness accounts
• Surveillance footage
• Testimony from accident reconstruction specialists or other expert witnesses

You could still recover compensation even if the evidence shows you bear some of the blame for the crash. Under Texas law, you can recover compensation for an accident as long as your percentage of fault is 50 percent or less. The courts consider all the evidence to determine your degree of fault and the other party’s fault, then adjust your compensation accordingly.

For example, suppose a court rules you are 30 percent responsible for an accident. In this case, the court would reduce your compensation by 30 percent. However, if the court finds you are 60 percent responsible for the collision, you can’t recover any money. An experienced attorney can present evidence to try to minimize your level of fault and preserve your right to compensation.

If you’ve been in a car accident, we at Kraft & Associates, Attorneys at Law, P.C., want to hear your story. Contact us today for your free, no-obligation consultation.

Many people experience anxiety after a crash, particularly around other drivers or in heavy traffic. You can claim compensation for your anxiety after a collision, but Texas law requires you to show you suffered physical injuries along with your emotional distress.

By its nature, anxiety is hard to prove, as it doesn’t cause noticeable symptoms in many cases. However, your doctor or mental health counselor can testify about the mental health effects you’ve suffered and link them to your physical injuries. People close to you can also speak to how an accident has affected you emotionally.

Your car accident settlement timeline depends on the facts of your case. If you have strong legal support, robust evidence, and clear documentation of your injuries, your case might conclude within a few weeks or months. On the other hand, your case might take a year or longer if there are complicated liability questions, you don’t have strong evidence, or your case goes to trial. Regardless of how long your case takes, stay patient and let your lawyer keep fighting on your behalf.

There is no average car accident settlement amount, as each case is different. Car accident settlements can vary considerably, from a few thousand dollars to $1 million or more. The amount depends on the severity of the injuries, the total medical expenses, the strength of the evidence, and the extent of the other party’s liability, among other factors.

There are two main categories of compensation in car accident settlements. The first is economic damages, which cover specific, tangible losses from a collision. Economic damages compensate you for things like medical expenses (now and in the future), lost income, reduced earning capacity, and the cost to repair or replace your car or other damaged personal property.

The second category is non-economic damages. This compensation covers the crash’s intangible costs, such as physical pain and emotional distress (anxiety, depression, PTSD).

Generally speaking, your potential compensation increases with the severity of your injuries. However, you also need proof of the losses you sustained. Some evidence your lawyer might use to document your losses includes the following:

• Medical records showing the nature and severity of your injuries
• Hospital bills and other proof of your medical expenses
• Pay stubs, tax records, and other financial documents showing the income you’ve lost due to your injuries
• Testimony from your friends, family, or healthcare providers about the crash’s emotional toll
• Vehicle repair estimates and receipts to document the damage to your personal property

Yes, it’s worth it to hire a lawyer after a car accident. You have one chance to recover compensation, and you’re going up against large insurance companies with teams of lawyers to fight your claim. Additionally, you must handle all the work in your case yourself if you don’t have legal support.

Some ways a car accident lawyer can help you maximize your compensation include the following:

• Investigating the Accident – Your lawyer can examine police crash reports, surveillance footage, eyewitness testimony, and other evidence to identify how the crash happened and who’s to blame. You can’t file a claim without this information, and you might overlook crucial evidence that an auto accident lawyer would notice.
• Documenting Your Losses – You need proof of the harm you’ve suffered in an accident for your personal injury claim. Your car accident attorney can use your medical records, expert testimony, financial documents, and other proof to illustrate your losses. A lawyer can also calculate how your injuries might affect you in the future, such as by limiting your future earning capacity.
• Submitting a Demand Letter – After completing their investigation, your lawyer will send a letter to whoever caused the crash and their insurer. This letter outlines your losses, the compensation you’re demanding, and why the other party should pay you. Drafting this letter carefully is crucial, as it sets the stage for settlement negotiations. Any mistakes can cause unnecessary legal headaches.
• Negotiating a Fair Settlement – Whoever caused the accident and their insurance company will likely try to reduce your compensation or deny your claim outright. Your attorney can argue and present evidence on your behalf to negotiate the best possible settlement.
• Taking Your Case to Trial – Most car accident claims end in settlements because trials are expensive and unpredictable. However, a trial is sometimes the only way to recover fair compensation if a stubborn insurer won’t negotiate in good faith. Your car accident attorney can file pre-trial motions on your behalf, develop arguments to present in court, and make your case to a judge or jury while countering the other side’s evidence and arguments.

It’s crucial to choose the right lawyer, so review your options carefully before hiring one. Look at an attorney’s experience, case results, and testimonials to evaluate their approach and whether their background suits your needs.

Your car accident claim may be settled out of court. In fact, the vast majority of car accident claims don’t end up in a trial but result in settlements instead. Trials are costly and time-consuming, so most people generally prefer settlements when possible. You have more control over the outcome of the settlement process than a civil trial, and you don’t have to go through the stress and effort that comes with going to court.

In some cases, a civil trial might be the better option. This is mostly the case when the at-fault party denies liability or the insurance company refuses to respond to reasonable demands. During a trial, both sides will present evidence and arguments to a judge and jury, who then decide how much compensation the victim receives, if any.

Trials are riskier than settlements, but trial verdicts can involve higher amounts of compensation. An attorney might recommend a trial if other options have failed or you have a particularly strong chance of winning your case.

If the at-fault driver doesn’t have insurance, you can file a claim through your auto policy’s uninsured motorist (UM) coverage. The process of filing a UM claim is similar to filing a standard liability claim, except you file the claim with your insurance provider. Otherwise, the claims process will proceed similarly. If you purchased optional underinsured motorist (UIM) coverage, you can claim money under that policy if the at-fault driver’s coverage is insufficient to cover your losses.

UM/UIM coverage is not mandatory in Texas, but it is highly recommended. Even though the law requires liability coverage, an estimated 12 percent of drivers in the Lone Star State don’t carry insurance. If you get into an accident with an uninsured or underinsured driver and don’t have UM/UIM coverage, it could severely limit your options for recovering financial compensation.

In Texas, you will file your claim for compensation with the at-fault party’s insurance company. However, you should be extremely careful when talking with the insurance company and adjuster. Insurance companies are businesses that want to make money, so they will look for every opportunity to minimize your payment.

Avoid answering direct questions about your injury and decline any requests to record a statement. It is very easy for insurance companies to twist an innocent statement, and comments on the record are hard to take back. They know how to ask questions that allow them to shift the context of your answers so that it appears you’re admitting to something or that you’re not as injured as you claim. Ideally, you should refer all communications to your attorney. Consult with an attorney before answering any questions.

The National Highway Traffic Safety Administration (NHTSA) reports that 32,719 people died and 2.31 million people were injured in motor vehicle traffic crashes in the U.S. in a single recent year. Among passenger vehicle occupants, 21,132 were killed and 2,046,000 were injured.

In Texas alone, the Department of Transportation (DOT) reports a death toll of 3,377 in one recent year. Additionally, 89,270 people were seriously injured in 65,639 serious injury crashes in Texas. The DOT reports that:

• A car accident occurs in Texas every 71 seconds.
• Someone is killed in a Texas car crash every 2 hours and 36 minutes.
• Someone is injured in a car accident every 2 minutes and 16 seconds in Texas.

The steps you take immediately after a car accident can be critical for protecting your injury claim.

Do:

• Seek medical attention as soon as possible, even if you feel okay.
• Take pictures of your injuries, any vehicle damage, and the accident scene.
• Make a note of any environmental contributors, such as weather or road conditions.
• Ask responding law enforcement for a copy of the accident report.
• Get the other driver’s contact and insurance information.
• Obtain statements from eyewitnesses about accident details.
• Save all receipts from injury-related expenses, like hospital bills and prescription costs.

Don’t:

• Delay seeing a doctor.
• Exaggerate or downplay symptoms during physical examinations.
• Discuss your injuries or case in public forums like social media posts.
• Admit fault or use language implying fault, such as “my mistake” or “sorry.”
• Forget to notify your insurance company about the collision.
• Talk to the insurance company without an attorney.

Who you choose to represent you in your car accident claim can make a significant difference in your case. Here are some mistakes to avoid when hiring an attorney:

• Not prioritizing personal injury experience – Personal injury law is a complex field with substantial statutory and case law. An attorney who practices multiple areas of law may be less effective than one with a dedicated focus on personal injury cases.
• Falling for ads – Don’t be fooled by flashy ads and elaborate claims. What you want is firm experience and a proven track record of results. Professional referrals and client testimonials are powerful tools for finding a skilled attorney.
• Not looking locally – All licensed attorneys in a state have met a standardized level of competence and ability. However, each county might have differences in procedures and administration. A local attorney will know these rules and have good professional relationships with court officials, allowing for efficient case management.
• Not asking about fees – Most attorneys operate on a contingency fee, meaning they only take a fee if they win your case. You should generally be wary of firms that charge upfront for personal injury services.
• Failing to set communication expectations – Some attorneys keep clients actively involved in the claims process. Others prefer to keep communications to the necessary information. Your choice of attorney should match your communication and information preferences.

It is best to consult with a knowledgeable personal injury attorney as soon as you can after an accident. You will need sound legal advice before you talk to insurance adjusters or sign any documents. It is best if your lawyer can begin an investigation into your accident while evidence is still available and while the incident is still fresh in the minds of eyewitnesses.

Every car accident case is different. You should consult with a personal injury lawyer to get an idea of how much your claim might be worth. Generally, the more serious and long-lasting your injuries are, the more compensation you may be entitled to recover. If someone else is at fault for your injuries, you may be able to claim medical expenses, lost wages, pain, and suffering, and other losses.

Although it is illegal in Texas for motorists to leave the scene of an accident or to drive without liability insurance, it happens every day. If you find yourself injured in an accident caused by such a driver, you may still be able to file a claim for compensation under your own insurance policy’s uninsured/underinsured motorist coverage (UM/UIM).

In the case of a hit-and-run accident, you will generally be covered only if there was actual contact between your vehicle and the hit-and-run driver’s vehicle. Most insurance companies will require a police report for a hit-and-run-accident before UM coverage is available.

In most cases, car accident claims are settled with the at-fault driver’s insurance company before trial or even before a lawsuit is filed. However, insurance companies are in business and primarily concerned with the company’s bottom line. If an insurance company offers you a quick settlement, it is in your best interest to first consult with an experienced car accident lawyer.

Our firm is familiar with the tactics insurance companies employ to get injured parties to settle quickly for less compensation than they deserve. We have handled thousands of accident cases and recovered millions in settlements and verdicts for our clients. While we try to negotiate a fair settlement before filing a lawsuit, we will not hesitate to go to trial if necessary to stand up for your rights.

If you have been seriously hurt in an accident, call 911. Even if your injuries do not seem serious at first, you should still see a doctor for a full medical exam to rule out internal injuries or other problems that are not immediately apparent.

If you do not require emergency medical services, take the following steps after a collision:

• Call the police.
• Get information from the other drivers, including names, phone numbers, addresses, license numbers and insurance information.
• Take pictures of all vehicles involved in the collision.
• Take pictures of the accident scene.
• Get names and contact information for any eyewitnesses.
• When the police arrive, get the name of the officer filing the report and the report number.
• Consult with an experienced personal injury attorney before you talk to an insurance adjuster or sign any documents.

Many factors can contribute to car accidents, and they often involve some type of driver negligence. Some common causes of crashes include the following:

• Driving under the influence of alcohol or drugs.
• Distracted driving, including texting or talking on cell phones.
• Aggressive driving or speeding.
• Drowsy driving.
• Driver negligence or carelessness.
• Hazardous road conditions.