After a car accident, many individuals sustain not just physical injuries but emotional and financial burdens as well. From doctor’s appointments to missed days at work, many people find that a crash wreaks havoc on their lives and their finances. Fortunately, Texas law allows injured individuals to file a lawsuit and seek compensation for the damages they sustained due to the accident.
If you or a loved one were injured due to the negligence of another, speak to a Grand Prairie car accident lawyer about your legal options. With the help of a knowledgeable personal injury lawyer, you may be eligible to recover compensation for your injuries and damages including medical expenses, lost wages, mental anguish as well as pain and suffering. En Español.
Filing a Grand Prairie Vehicle Accident Lawsuit
Personal injury lawsuits depend on the legal theory of negligence. A person is negligent when they have a duty to act responsibly, breach that duty, and as a result cause an injury to another person. In a car accident case, the plaintiff would generally try to prove that the defendant’s failure to operate a vehicle in a responsible manner caused an accident which led to an injury.
Not every car accident is attributable to solely one person. To account for Grand Prairie cases where each driver might share some of the responsibility for a collision, Texas follows the rule of modified comparative negligence according to Tex. Civ. Prac. & Rem. Civ. Prac. & Rem. §33.001. This rule allocates blame and damages based on the percentage at fault of each driver.
The modified comparative negligence rule says that a driver’s compensation will be reduced proportionately according to their percentage at fault. If a driver is 51 percent or more at fault for an accident, they may be ineligible to recover compensation for their injuries. In other words, a driver cannot recover money for their injuries if they were more than half the cause of the accident. Comparative negligence can significantly impact a case, but our car wreck attorneys in Grand Prairie could help a plaintiff protect their right to compensation.
What is The Statute of Limitations to File a Car Wreck Claim?
In Texas, individuals have two years from the date of their accident to file their personal injury lawsuit. If this deadline, or statute of limitations, passes before the injured person files their claim then they may be barred from recovering compensation from the responsible party. The injured party should seek help from a skilled lawyer to ensure that their claim is filed correctly and promptly.
For a free legal consultation, call (817) 775-5364
Recovering Compensation after a Grand Prairie Collision
Individuals who are injured due to negligence can file a lawsuit seeking damages or compensation from the responsible party. Depending on the case, a judge or jury can award two types of compensatory damages: economic and non-economic damages.
Compensatory damages are meant to compensate injured people for their financial losses. Economic damages have a specific monetary value. These damages could include medical expenses, lost wages, cost of rehabilitation and surgery.
In contrast, non-economic damages cover losses that cannot be easily quantified. For example, individuals may be eligible to recover compensation for losses such as pain and suffering, mental anguish or lost quality of life. It is important to contact an experienced car crash lawyer in Grand Prairie because they could determine which type of damages the injured claimant may be eligible to recover.
Punitive Damages
Individuals may also be able to recover punitive damages, but they are relatively rare and are not awarded in every case. Unlike compensatory damages which reimburse injured people for their losses, punitive damages are meant to punish the defendant for their actions. For example, a case where punitive damages may be warranted could be after it is proven that an accident caused by a habitual drunk driver.
Grand Prairie Car Accident Lawyer Near Me (817) 775-5364
What Could Delay a Settlement?
Insurance companies are not going to immediately write a settlement check after they reach an agreement. Two- or three-week delay is typical and even four more weeks might be acceptable, especially if there are questions. Insurance companies in Grand Prairie have internal procedures for financial transactions, which means somebody other than the claims adjuster must review their settlement.
An adjuster will make sure the insured and companies are legally protected. Then send the authorization to another department to cut a medical check.
Common reasons that a settlement may be delayed includes not signing and returning the settlement and release agreement. Also, their claims adjuster may have taken unexpected time off for vacation, illness, or maternity leave after settling their case without sending their agreement for approval. Additionally, a natural disaster or some other unforeseen event, in a different part of the country created problems with the insurance company’s resources which could create delays throughout the company.
If their personal injury attorney sold their claim, there might be other reasons if they are still waiting for their settlement check. For example, the attorney may not have received a check from the insurance company. Or the check arrived while their attorney was in trial for another case. Also, if a Grand Prairie auto collision attorney has been notified of liens against their settlement proceeds and is waiting for compromise of those liens and is trying to negotiate reductions for those liens. This allows more money to be put in the claimant’s pocket.
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Speak with a Grand Prairie Car Accident Attorney Today
Hiring a lawyer can give you peace of mind knowing that your rights and interests are protected. A Grand Prairie car accident lawyer could ensure that you get justice for your injuries.
Contact an attorney to learn about how you may be eligible to seek compensation. Call to schedule a consultation today.
Call (817) 775-5364 or complete a Free Case Evaluation form
