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Filing an Auto Wreck Injury Claim after an Accident in Texas

Our Attorneys Explain Just What is Involved in Filing an Auto Wreck Injury Claim after an Accident in Texas

In theory, if you are the victim in a car accident, you are ideally subjected to a clear and concise claims process that will repair or replace your damaged vehicle. You should be fairly compensated for your injuries and all the damages arising from them. Again – in theory – the claims process is supposed to work like this:

A negligent driver causes a collision with you. You (or your family if you are unable) then contact the negligent driver’s insurance company. That insurance company sends an appraiser to assess the damage to your vehicle. A rental car is cheerfully provided while the investigation and subsequent repairs are conducted. Your vehicle is repaired or given a check in the event of a total loss.car accident attorneys

If Texas was a “no-fault” state, that’s exactly how it would work: in-theory. But Texas is not such a state. And this theoretical system seems to work reasonably well when dealing with issues of property damage. Injuries arising from that same wreck? That’s another matter. And the fact that Texas is a no-fault state causes insurance adjusters to rarely follow this protocol when an accident victim is injured. The main reason that it doesn’t always work this way is that insurance companies have a vested interest in paying as little as possible to accident victims. For many years, they have convinced the legislature to see things their way and make it as difficult as possible for vehicle accident victims to recover fair damages in this “at fault” state. Because the law allows them, they put forth a concerted effort to cloud the issue of liability, deny claims outright, drag the process out for many weeks or months, or deliberately (yet legally) sabotage your claim. Their goal is to pay out as little money as possible and drastically reduce the value of your ultimate compensation (if they can’t wiggle out of it altogether). These tactics are common in any vehicle wreck that produces an insurance injury claim.

When a vehicle accident victim is injured, insurance adjusters take a much different approach to the claims process than they do in a typical property-damage-only claim. The adjusters are generally combative and will usually rely on sneaky tricks and tactics to find a technicality by which to deny the claim or pay a significantly reduced amount.

There are many loopholes through which liable drivers and their defense team can scoot-away unpunished. The odds tilt in your favor with an experienced auto accident injury attorney. You need an experienced legal advocate who is also well-heeled at protecting you and your family from the many obstacles that these defendants place in front of you.

The time after being seriously injured in a car accident is often stressful and confusing to the victims and their families. Don’t add to the stress and confusion by letting an inexperienced attorney handle your case or represent yourself when you are unqualified to look out for your or your family’s best interests. We are uniquely qualified and fully prepared to fight for and win the fairest compensation for your total damage claims. If you or someone you know was injured in a car accident, contact an attorney at our Law Offices today at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

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Personal Injury Law – Car Accident Attorneys

Is the Defendant Insured or Uninsured? And is the Defendant Solvent Enough to Pay for Your Damages?

All Texas drivers must have liability auto insurance, and there are no exceptions. Several powerful technology tools and accessible databases allow law officers to know immediately if a driver has insurance. They can execute a certain amount of “street justice” by towing non-insured vehicles and giving their drivers costly tickets. But still, at least one-in-four Texas drivers don’t carry auto liability insurance. Whether or not an insurance company is involved in your case makes a huge difference in the outcome of your claim, and how it is handled. Certain conditions surrounding your accident (and winning compensation) can become convoluted and contentious, while others are relatively straightforward.

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Suppose that both drivers involved in your accident were insured to some degree. Being insured is generally good news for you because when this happens, it usually means that – eventually –there will be at least some amount of money available to compensate you for your losses once you are successful in bringing your claim. And yet, most drivers with “street legal-only” insurance carry minimum coverage on their vehicle. Their policy may not fully reimburse you for your total losses if your accident was especially severe or expensive since the minimum amount is $30,000 for both injuries for each person and $25,000 for property damage. And how many vehicles on the road today are worth over $30k, not counting the property that was in the car?

Additionally, just because there is money that is theoretically available under an insurance policy to compensate you for your losses, it doesn’t mean that that money will be easy to get your hands on. Anyone who has carried minimum coverage understands that some companies pay better (and quicker) than others. And some, with both claimants as well as their customers in general, aren’t generally very responsive to any process other than taking in premiums, then dragging their feet when it’s time to pay-up. In just about any accident claim or a civil case where an insurance company is involved, it means you’ll face opposition. You will be up against aggressive adjusters, accident recreation specialists, defense attorneys, and investigators who are all working to make certain that you lose your case.

Then there’s the one-in-four chance (at least!) that the other driver involved in your wreck was uninsured. Hopefully, you have uninsured motorist coverage. Aside from that possibility, if an insurance company does not represent the other driver, that other driver will probably be held responsible for paying you for your damages. Your primary interest is in whether this driver who hit you is solvent. If a defendant is insolvent, it means that he or she does not have enough money to compensate you for your injuries. When a defendant is insolvent there’s little value in pursuing litigation against him, no matter how strong your case is in proving he should otherwise be held liable for your losses. It is an all too common reality that some accident victims are unable to recover compensation from insolvent defendants.

Sometimes, a driver who has been involved in a wreck will take desperate steps to hide his assets to appear insolvent. He or she might also try and hide this accident from their insurance company that threatens to drop coverage if this person gets in one more wreck. If you suspect this may be happening in your case, the auto injury attorneys at our Law Firm can perform an asset check on any accident defendant to find out how much they are actually worth. If there’s money available, we’ll find it and work to make sure you get your fair share.

The time after being seriously injured in a car accident is often stressful and confusing to the victims and their families. Don’t add to the stress and confusion by letting an inexperienced attorney handle your case or represent yourself when you are unqualified to look out for your or your family’s best interests. We are uniquely qualified and fully prepared to fight for and win the fairest compensation for your total damage claims. If you or someone you know was injured in a car accident, contact an attorney at our Law Offices today at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

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What is the Plaintiff’s Duty to Mitigate Damages? – Personal Injury Lawyers

What is the Plaintiff’s Duty to Mitigate Damages? – Personal Injury Lawyers

The Injured Party Has a Duty to Mitigate (or Prevent Further Aggravation of) Their Injuries Following an Accident

If you’ve been injured by someone else’s negligent or reckless conduct, it’s important that you take certain actions to preserve your case against the party responsible for your injuries. One of those actions is to “mitigate” your injuries; that is, you need to take action to prevent your injuries from being aggravated. Failure to mitigate your injuries may prevent you from recovering the entire amount of compensation you deserve for your injuries. Thus, to ensure that your injuries are fully compensated, you should retain an experienced personal injury attorney that knows how to assist injury victims with mitigating their injuries. Our attorneys have the skill and experience necessary to advise you on how to mitigate your damages so you aren’t stuck paying for your own injuries.personal injury lawyers - car accident attorneys

Personal Injury Victims Have a Duty to Mitigate Their Damages

Texas law requires personal injury victims to prevent their injuries from becoming aggravated by acting in a manner that should minimize the harm they’ve suffered and sought medical attention when necessary. Usually, this means that a personal injury victim should take care not to engage in activities that will aggravate their injuries, such as participating in contact sports or lifting heavy objects. Moreover, personal injury victims have a duty to ensure that an injury isn’t aggravated by foregoing medical attention, and should contact a doctor or seek emergency healthcare as soon as possible after they are injured.

Potential Consequences for Failing to Mitigate Your Damages

If you fail to mitigate your damages, the judge in your case may decrease the amount of compensation you can recover from the defendant for your injuries. However, it’s important to note that failure to mitigate your damages is not a complete bar to recovery; rather, failure to mitigate your damages will only reduce the compensation you can recover from the defendant, as the court will adjust your award to reflect the portion of your injuries for which the defendant is responsible.

To illustrate the importance of mitigating damages in personal injury cases, consider this example of an injured car accident victim. In this example, a driver was on his way to play a friendly game of football with his friends when he was suddenly hit by a negligent driver and suffered a partially fractured collarbone as a result. Although the driver is in significant pain and has noticed intense swelling around his collarbone, he decides to play football with his friends anyway. More here @ https://truckaccidentattorneysa.com
During the football game, the driver is tackled hard which caused his collarbone to completely break and become infected after it protruded through his skin. The injured driver then sued the negligent driver responsible for partially fracturing his collarbone for the full extent of his injuries.

However, the court will reduce the driver’s recovery to reflect the fact that the driver was only responsible for partially fracturing the driver’s collarbone, and the victim was responsible for aggravating his injuries so that he had a completely fractured collarbone that became infected.

Best Practices for Mitigating Your Damages

As you can see, mitigating the injuries you’ve suffered caused by someone else’s negligence or recklessness is extremely important not only to your health but to ensure that you are fully compensated for your injuries. To achieve these goals, you should be sure to do three things: seek medical attention as soon as possible, take care to stabilize and not aggravate your injuries, and contact the experienced personal injury attorneys at our office. Our attorneys have more than two decades of experience representing personal injury victims, and are available any time, day or night, to provide a free consultation regarding your injuries and what you might need to do to mitigate your damages. More here @ https://www.attorneys-sa.com/

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