Mansfield Car Accident Lawyer
A car accident that results in severe injuries to you or a loved one can have catastrophic consequences. You may be able to ease some of your burdens by allowing a Mansfield car accident lawyer to handle any claims that you may have. While you work toward a physical and mental recovery, your legal counsel can work towards getting the compensation you are owed.
Preventable accidents often occur due to the negligence or recklessness of third parties. When these parties have acted wrongfully or violated their required duty of care, they may be liable for any resulting injuries.
A seasoned Mansfield personal injury lawyer from Texas Law Dog who has successfully recovered millions in trial verdicts and insurance settlements may be able to hold these individuals or entities accountable through a claim for compensation.
Common Car Accident Injuries in Mansfield
If your injuries have had a significant impact on your life, you may have the right to take legal action against those responsible. Notice that we did not say your injuries must be critical, life-threatening, or permanently disabling. Your car accident lawyer in Mansfield has represented victims who have suffered a wide variety of injuries, including:
- Dental trauma
- Traumatic brain injury (TBI)
- Amputation
- Concussion
- Spinal cord injuries
- Back injuries
- Soft tissue injuries
- Broken bones and fractures
- Paralysis
- Facial trauma
- Post-traumatic stress disorder (PTSD)
It may benefit you to keep a detailed personal journal regarding the various ways your injuries have affected your life since the accident. When you file your insurance claim or personal injury lawsuit, this journal can be introduced as evidence and used to prove the severity of your injuries. This can go a long way in convincing the jury you should be awarded the fair compensation you are seeking.
Grounds for a Mansfield Car Accident Claim
The grounds needed to move forward with a car accident claim in Mansfield are not based on the type of injury you are dealing with. Instead, the focus will be on the severity of your injuries and their impact on your life. We must show that the elements of negligence apply as follows for your car accident lawsuit to be successful:
- Duty of care
- Breach of duty
- Causation
- Damages
Our investigation must uncover evidence that establishes the defendant’s duty of care. Once we have demonstrated that they owed you a duty of care, we can introduce evidence that shows their breach of duty and how this breach directly caused the injuries you suffered or the accident itself.
Then, we will go over your damages in detail and explain how the extreme financial losses, physical injuries, and intense emotional distress have left you struggling to pick up the pieces of your life.
Handling a Car Accident Injury Claim
All car accident claims require investigation to gather the evidence necessary to support a personal injury claim against another party. Whether the wreck was a rear impact, rollover, or head-on collision, your Mansfield car accident attorney may be able to utilize police reports, witness statements, and even accident reconstruction experts to definitively establish fault for the accident. Using these pieces of evidence, we can prove the other driver’s negligence.
Negligence causing a car accident can appear in various scenarios. A common type of negligence that can lead to car accidents is violating traffic rules or laws. For instance, drivers may be negligent when they take any actions, including:
- Driving while impaired by alcohol or drugs
- Operating their vehicles recklessly by disregarding traffic signs and signals, speed limits, or other rules of the road
- Driving while overly fatigued or drowsy
- Engaging in distracted driving, whether caused by cell phone usage or interactions with others in the vehicle
Evidence to show that drivers were negligent in causing an accident is often a legally valid basis for a successful personal injury claim. In some cases, other parties, such as mechanics who fail to properly perform repairs to a vehicle or manufacturers who produce defective vehicles, may also be negligent.
If the negligence of any third party directly led to a car accident resulting in injuries, the injured parties may be entitled to damages from them.
How Car Accident Insurance Claims Work
Texas follows a fault-based insurance system. Your car accident attorney in Mansfield with The Texas Law Dog will begin the claims process by filing your insurance claim with the at-fault party’s insurance provider per Transportation Code Chapter 601 of the Motor Vehicle Safety Responsibility Act. However, this does not mean the insurance company will compensate you for every loss.
Insurance companies lose money paying out claims, so expect some pushback. The insurance company will technically only be required to compensate for the specific types of covered losses included in the policyholder’s policy. They will also only be required to pay out up to the highest policy limits.
What Type of Information does the Insurance Company Need Following a Car Accident in Mansfield?
Filing a car wreck claim involves setting it up with the other driver’s insurance company. An insurance company is going to want the information about the injured person, including their name, address, and date of birth. The liable party’s insurance provider is going to want to know details about how the accident happened as well as a description of the property damage, although it is not encouraged to speak directly to the insurance carrier.
Speaking with an insurance agent, whether with your provider or the at-fault party’s insurer, may be taken as an official statement. Saying the wrong things to an insurance company may harm a case. Your Mansfield catastrophic injury lawyer can give the insurance company their interpretation of the accident rather than the claimant to preserve your rights.
What Evidence Is Needed for a Car Accident Case?
Various types of evidence are needed to prove negligence in a car accident case. The evidence needed for a crash should include photographs, video if available, witness statements or testimony, and police report investigations. Some of these pieces of evidence, such as video footage, may be time-sensitive, so you may want to connect with your
Another important piece of evidence to gather would be medical records. An attorney could gather information regarding an injury, such as the record of emergency room visits, treating doctor visits, and diagnostic tests. All those elements tell a story of how somebody was injured, who was responsible, and what damage it caused.
If the case warrants it, possible experts may be called upon to testify to the conditions leading up to the crash. These experts may include accident investigators and reconstructionists whose inquiries may include examination of the physical scene, such as skid marks and weather conditions. While these circumstances may or may not have contributed, they would be just one part of preparing to file a complaint.
Damages in Mansfield Car Accident Claims
While some car accidents result in cuts, bruises, and broken bones, others cause far more severe injuries. Drivers and passengers may suffer traumatic brain injuries, spinal cord injuries, and permanent damage to limbs. As a result of these devastating injuries, these victims may be unable to return to work and engage in their regular daily activities, and they may even be unable to care for themselves.
The type and extent of damages available through a car accident personal injury claim can vary widely according to the severity of the injuries and the permanence of the injuries. Whether more than one party is responsible for causing the accident also may impact the amount of available damages. Some of the damages that typically are available in a car accident personal injury claim may include:
- Property damage to vehicles
- The cost of temporary rental car usage
- Lost income and loss of future earning capacity
- Pain and suffering and mental trauma
- Permanent physical impairment or disfigurement
Medical costs are another significant component of most damage awards in personal injury claims. These expenses can include hospital bills, medication costs, and ongoing home healthcare services. Eligible medical expenses may also include the costs of durable medical equipment, rehabilitation costs, and therapy bills.
Punitive Damages
If the cause of the accident was intentional or grossly negligent behavior, then injury victims also may have a claim for punitive damages under Tex. Civ. Prac. & Rem. Code §41.001. These damages are designed to punish those who caused the accident and deter similar behavior from leading to injuries to others in the future. It is important to remember that punitive damages are not necessarily guaranteed in every personal injury case.
Call a Mansfield Car Accident Attorney for Advice
No matter the circumstances that led to your car accident, you owe it to yourself and your family to explore the potential for a personal injury claim. A Mansfield car accident lawyer can be vital to your efforts to seek compensation for your losses. Proving that the liable party caused your injuries is critical to a successful case.
If negligence led to your injuries and has permanently altered the course of your life, you could hold those individuals accountable for their actions through a personal injury claim. Not only can you seek justice for the wrongs that you have suffered, but you can also obtain much-needed financial help during a challenging and stressful time in your life. Call today to get started on your claim.