Car accidents remain the most common source 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 held accountable.
To recover compensation for damages, an Irving car accident lawyer needs to prove that the defendant’s negligence caused your injuries and damages. Voted “Best car accident lawyers in Arlington” two years running, the exceptional legal team at The Texas Law Dog can help you prove your claim against defendants in both settlement talks and court.
Schedule a free consultation with a knowledgeable Irving personal injury lawyer who can handle every portion of your case so that you can focus on making your recovery.
How a Car Accident Lawyer Serving Irving Proves 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 for an incident to someone. However, fault is not always black and white.
Texas Civil Practices & Remedies Code §33.003 says that courts in Irving must utilize the legal theory called modified comparative negligence.
As a result, if a court believes a plaintiff to be more than 50% at fault for an accident, that court cannot award that plaintiff any compensation. In some situations, the police can easily assign fault at the time of the accident. When this happens, they may not be accurate, especially if they do not have all of the information related to your case.
Because of this, we will work with you to verify who is at fault, and if the other party holds more than 50% of the blame, we will pursue legal action against them.
You need to realize that while you have a right to pursue damages if your fault level is 50% or less, any compensation you recover will be reduced by the percentage of fault assigned to you.
Time Limits for Filing a Car Accident Lawsuit in Irving
After suffering damages in a car accident in Irving, you need to understand the deadlines that apply to your case. The personal injury statute of limitations in Texas generally gives injury victims two years to file a lawsuit after suffering damages in an accident. Missing this deadline will likely result in the loss of your right to pursue compensation.
However, you need to understand that exceptions may apply to your case. Depending on the details of your situation, you may be able to file long past the usual two-year cutoff.
Alternatively, you could find that you have far less time than usual to take legal action. To ensure you know the exact deadline that applies to your case, you need to hire a lawyer as soon as possible.
In addition to protecting your right to pursue compensation, hiring an experienced Irving car accident attorney soon after your crash will also help them build the strongest case possible.
We will be able to access evidence before it can become lost or corrupted and speak with witnesses before their memories of the accident begin to fade.
Irving Car Accident Lawyer Near Me (817) 775-5364
Our Experienced Legal Team Gets Paid for Results
Many accident victims fail to secure the services of an experienced attorney because they don’t believe they can afford to do so. While this may be a concern for some legal matters, you should never worry about legal bills when pursuing a car accident claim. Our personal injury lawyers work on a contingency fee basis, which means we only get paid if you do.
If we are unable to secure compensation on your behalf, you won’t owe us any money for the time and effort we invested in your case. If we succeed in getting you money for your losses, you will pay a single fee at the end of your case. You never have to worry about upfront costs or paying an hourly fee.
The amount we collect upon successfully recovering money for your losses is taken directly from the negotiated settlement or court-ordered payout at a predetermined percentage.
Because accident victims never have to worry about paying any money out, anyone can afford our services regardless of their financial situation.
How We Gather Evidence to Prove Fault
Proving fault after a car accident is a balancing act between gathering evidence of the defendant’s negligence and deflecting accusations of the plaintiff’s contribution to the incident.
When attempting to establish liability, our attorneys will investigate your case to find any available evidence to verify your losses and prove fault. Crucial pieces of evidence that could help to support a plaintiff’s claim include:
- A police report from the responding officer
- Traffic camera footage
- Pictures or videos taken by the plaintiff at the scene
- Third-party witness statements
An experienced Irving car accident attorney can help car accident victims gather these powerful pieces of evidence and utilize them to build a negligence claim against a defendant. Once you do this, we can pursue all parties at fault and make them pay for the losses you have endured.
With years of experience fighting for victims, including those wrongly thought to be responsible, you can trust The Texas Law Dog to be there to help you with your case as well.
The Four Elements of Negligence
To recover compensation after a car accident, you will need to prove that the liable party was negligent or acted with the intention of causing harm.
Intentional harm is rare in car accident cases, which means you are likely going to need to establish the four elements of negligence in order to recover the compensation you need and deserve.
Duty of Care
The first element required for proving negligence is showing that the liable party owed you a duty of care. This means that they were in a position where they needed to take your welfare into consideration in their actions.
Establishing a duty of care in car accident cases is usually fairly straightforward.
For example, if you are filing a claim against another driver involved in the crash, their duty of care to you is clear. All drivers owe a duty of care to everyone else on the road to operate their vehicle in a reasonably safe manner.
Similarly, suppose that you are pursuing legal action against a car manufacturer related to a defective part. In that case, they have a duty of care to everyone whose path their vehicles will cross to ensure they are taking all reasonable steps to ensure the vehicles they put on the road are safe.
Breached Duty of Care
After establishing that the liable party owed you a duty of care, you will need to show how they breached their duty of care.
When filing a claim against another driver, there are many ways to show that they violated their duty of care, depending on the specific circumstances surrounding your accident.
Proving a breached duty of care may include showing that they were speeding, using their phone while driving, driving under the influence, or engaging in a wide range of other dangerous activities.
For a claim against a car manufacturer, you may show that they did not conduct proper safety inspections or used cheap parts to save money. Your lawyer can conduct a thorough investigation to prove a breached duty of care.
Damages
Next, you will need to prove that you sustained damages as a result of your accident. While you will likely be dealing with a wide range of damages, your medical records and testimony from a doctor are often sufficient to prove that you sustained damages for the sake of proving negligence.
Causation
Finally, you will need to show how all the pieces fit together. You will need to demonstrate to the court how your damages were the direct result of the liable party breaching their duty of care. An experienced car accident lawyer serving Irving can help connect the dots and prove causation to the court.
The Stages of Car Collision Claims
Victims of car accidents often find themselves encouraged to file a claim quickly and settle with the insurance company right away.
However, doing so could prevent you from recovering the full compensation to which you are entitled. You need to understand that the insurance company is never on your side.
Our experienced Irving car accident lawyers can defend you in your case, providing resources to build a strong claim and representing you through the process. As trusted attorneys, we can help ensure you know all of your rights and minimize any financial losses you have incurred.
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 the defendant’s fault, and makes reasonable claims for compensation.
Calculating Damages
The first step to an effective claim is measuring your losses, including physical, emotional, and psychological harm. Identifying all of the damages you are eligible to pursue is critical for recovering the full value of your losses.
An experienced car accident attorney serving Irving can help you determine all the compensatory damages you are eligible to pursue, as well as whether or not you are entitled to punitive damages.
Some of the damages most commonly available after a car accident include:
- Lost income
- Decreased earning ability
- Pain and suffering
- Loss of consortium
- Medical expenses
- Future medical bills
- Permanent disability
- Scarring and disfigurement
- Diminished quality of life
- Property damage
- Emotional distress
- Loss of companionship
- Mental anguish
- Punitive damages
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 make them more open to negotiation.
Settlement Negotiations
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 the amount of money it will take to settle 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 court, our Irving car crash attorneys stand ready to protect your rights at trial.
The Importance of Hiring a Skilled 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 the defendant’s negligence and promotes your rights. A knowledgeable attorney could help you.
Your lawyer will work with you and explain the relevant laws that apply to your situation. We can then take the necessary steps to gather evidence that points to the defendant’s negligence. Our Irving car accident lawyer can take care of all the details while you work on getting your life back to normal.
When you need the help of a legal representative, put your trust in our team. We will provide you with answers to your questions and guide you in seeking full damages in your case. Call today to schedule a consultation.
What You Can Do After an Accident to Protect Your Rights
After a car accident, seek medical care by going to the hospital. You should also make sure that you file a police report that outlines what happened to you.
Expect the insurance company of the at-fault party to want a statement and even to encourage you to file your claim and close your case quickly. Avoid that and instead call our legal team.
Important steps to take to protect your rights after a crash include:
- Write down everything you remember from the accident as soon as possible. You can even record yourself stating what occurred and documenting every detail possible.
- Create a journal to log your physical and emotional pain and financial losses throughout your recovery process.
- Seek out medical care and continue to receive all care necessary so you can heal fully, including rehabilitation and emotional therapy as needed.
- Do not go back to work until your doctor provides you with a release to do so and outlines any restrictions you may have through this process.
- Avoid social media comments and updates on your condition or any insight into what happened in your case. Doing so can jeopardize your claim and may make it harder for you to recover any damages later.
Hiring an attorney who can provide you with exceptional legal service and support can help protect your rights to compensation.
For those with serious injuries and losses, you need the ability to obtain financial compensation that meets your losses to help you rebuild your future. Put your trust in The Texas Law Dog, and be sure to read through our recent newsletters.
Set Up a Free Consultation With a Car Accident Attorney in Irving to Discuss Your Case
After a car accident, hiring the team at The Texas Law Dog is the best step you can take to protect your right to recover fair compensation. We are ready to use our extensive experience representing injured parties in personal injury cases throughout Texas to help you recover the money you need and deserve.
Call now to request a free consultation with our team. By working with an Irving car accident lawyer, you will gain the hands-on support you need during this difficult time. Do not wait to give us a call.
