Irving Car Accident Lawyer
Driving or riding in a car in Irving can be a dangerous undertaking. Car accidents remain the most common sources of accidental injuries and deaths in the country. Even though no one intends to cause an injury in these incidents, the law says that someone must be to blame.
To recover compensation for damages, an attorney needs to prove that the defendant’s negligence caused your injuries and damages. An Irving car accident lawyer could help you prove your claim against defendants in both settlement talks and court. A knowledgeable personal injury attorney could handle every portion of your case so that you can focus on making your recovery.
Proving Fault After Car Accidents
There is no such thing as a no-fault car accident in Irving. This means that courts must always assign blame to the people involved in the incident. However, this is not always a black and white concept. Texas Civil Practices & Remedies Code §33.003, says that courts in Irving must utilize the legal theory called modified comparative negligent. As a result, if a court believes a plaintiff to be more than 50 percent at-fault for an accident, that court cannot award that plaintiff any compensation.
Proving fault after a car accident is, therefore, a balancing act between gathering evidence of defendant negligence and deflecting accusations of a plaintiff’s contribution to the incident. Crucial pieces of evidence that could help to promote a plaintiff’s claim include:
- A police report from the responding officer
- Traffic camera footage
- Pictures or video taken by the plaintiff at the scene
- Third-party witness statements
An experienced Irving car accident attorney could help plaintiffs to gather these powerful pieces of evidence and to utilize them to build a negligence claim against a defendant.
The Stages of Car Collision Claims
Obtaining proper compensation following a car wreck is never a simple process. Effective claims must go through a series of events where a plaintiff demonstrates their losses, provides evidence of defendant fault, and makes reasonable claims for compensation.
The first step to an effective claim is measuring one’s losses. A car accident case will always involve a physical injury. Common examples include back strains, traumatic brain injuries, and broken bones. However, a comprehensive claim will also evaluate the financial and emotional impacts of the accident. A seasoned car accident attorney in Irving could help people to measure their losses to demand fair compensation.
Dealing with Insurance Companies
The next step is to present a demand package to a defendant’s insurance company. A demand package must outline the legal case against the defendant, provide reasoning as to why that defendant is at-fault, and state the plaintiff’s demand for damages. An ideal demand package should convince the defendant’s insurance company that they will lose if they go to court and to open their minds to negotiation.
Finally, the last step in most Irving car accident claims is settlement talks. Here, the two sides discuss the evidence in the case, the extent of the plaintiff’s losses, and what amount of money will end the claim. Most cases end at this stage as taking a case to court is time-consuming and expensive. However, if it is necessary to go to an Irving court, a car crash lawyer stands ready to protect the rights of plaintiffs.
Reach Out to an Irving Car Accident Attorney
Pursuing proper compensation following a car accident may seem like a simple process. It is essential to build a persuasive case that demonstrates defendant negligence and promotes your rights.
A skilled attorney could help you. They work with injured people to explain the relevant laws. They can then take the necessary steps to gather evidence that points to defendant negligence. An Irving car accident lawyer could take care of all the details while you work on getting your life back to normal. Call today to schedule a consultation.