McAllen Car Accident Lawyer
Filing an injury claim after a car accident is a difficult but necessary endeavor if you need compensation. Make the process easier by teaming up with a McAllen car crash lawyer.
While having significant driving experience does diminish your likelihood of getting into a serious accident, the fact of the matter is that anyone can get into a life-changing car collision. No matter how advanced your driving skills are, you can’t always avoid careless or reckless drivers.
Whether the damage done to your body and your vehicle is small or substantial, the prospect of being able to receive full compensation for your injuries should at least serve as a small comfort in this difficult time.
To improve your shot at winning your personal injury case, contact a McAllen car accident lawyer at J.A. Davis & Associates, LLP today.
Dealing with Insurers After McAllen Car Wrecks
After you call or text your loved ones, your first thought will likely be to contact your insurance company to set the record of your accident straight and file an insurance claim.
While it’s usually fine to let your own insurance company know about your accident, you will want to avoid revealing too much before speaking with your lawyer, and you’ll certainly want to avoid speaking with the other driver’s insurer.
Insurance adjusters have been known to be extremely manipulative, often recording potentially incriminating statements and using them against victims, which can decrease your ability to recover damages.
That’s why it’s highly advisable for you to immediately retain the services of a McAllen car crash attorney. Your lawyer can ensure your words aren’t twisted and used against you and handle the difficult negotiations with the insurance company on your behalf. Simply tell the insurers to call your lawyer.
The Causes of Car Accidents
While car accidents can happen for a variety of reasons, the cause of a collision often boils down to a driver failing to give the necessary attention to the road and his or her surroundings. This can be the result of a variety of negligent driving behaviors, which include the following:
- A driver being under the influence of drugs or alcohol
- Talking on a phone or texting while driving
- Reckless driving
- Impaired vision
- Arguments among passengers
- Inexperience behind the wheel
Sometimes, factors that aren’t any driver’s fault can cause a crash in McAllen. These may include the following:
- Adverse weather conditions
- Defective car parts, including brakes
- Dangerous roads that have not been adequately maintained
A car accident can be attributed to any number of these and other potential causes. This can make it more difficult to apportion liability, particularly if multiple parties are at fault.
Comparative Fault and Your Case
While numerous legal concepts will likely pertain to your case, a few are of particular importance for you to understand.
Texas uses a standard called modified comparative negligence in determining liability in personal injury cases, which can completely eliminate your ability to receive compensation. Should you be found mostly—51 percent or more—liable for your crash, you will not be eligible to receive any damages.
Conversely, if other parties are found primarily responsible for the collision, you will be eligible to receive damages proportionate to their level of fault. For example, if other parties hold 70 percent of the blame for your crash in McAllen, you will be eligible to receive 70 percent of the damages awarded.
Understanding the Statute of Limitations
Another legal concept to be familiar with is Texas’ statute of limitations for personal injury cases, which is two years. This means that you have two years from the date of your accident to actually sue.
If you file your claim outside this window, you will likely not be able to recover compensation. However, there are some rare exceptions. For example, if you discovered that you suffered a traumatic brain injury (TBI) in a car accident that occurred three years ago, the statute of limitations might start the day you discover the injury—not on the date of the accident.
A McAllen car wreck lawyer can help explain any additional legal approaches, items, or terms that may be relevant to your case.
How Were You Injured?
It’s vital to document how your injuries have affected you in the past, how they are currently affecting you, and how they are expected to affect you in the future. That’s because your McAllen car crash lawsuit will likely be your only shot to receive compensation.
Some examples of injuries that car accident victims commonly suffer include the following:
- Contusions, concussions, and other types of TBIs
- Broken or fractured bones
- Damage to the spinal cord and vertebrae, which can cause paralysis
- Face or eye damage
- Severe burns
- Amputations and lost limbs
- Nerve damage
- Internal bleeding
- Organ damage
While there are no laws in Texas limiting the amount of compensation that car accident victims can receive, a judge or jury will likely examine a number of factors when determining the damages you should receive.
Texas, like almost every other state, allows accident victims to recover both economic and non-economic damages. The former refers to recovering compensation for losses that are purely financial, while the latter refers to losses that affect your life but not necessarily your finances.
The following are some common types of economic losses listed in McAllen car crash claims:
- Vehicle replacement or repair
- Medical expenses, including hospital stays, surgeries, doctor visits, physical therapy, medications, and assistive devices
- Lost income while you recover or because you can no longer work
Non-economic losses include the following:
- Emotional traumas like post-traumatic stress disorder
- Reduced quality of life
- Loss of companionship and consortium
- Scarring and disfigurement
- Pain and suffering
The more severe your damages are, the more likely you are to receive substantial compensation.
McAllen Car Accident FAQ
Below, you’ll find the answers to some questions relevant to many McAllen car crash claims. If you have additional questions, your lawyer will be happy to answer them.
Can I be compensated for a single-car crash?
If your single-car accident in McAllen was due to something that was beyond your control—and the result of someone else’s negligence—you may be able to win compensation through an injury claim. For example, you could hold the manufacturer of a defective car part responsible if that part caused your accident.
My airbag injured me. Can I be compensated for that?
Airbag injuries are actually quite common. If your airbag deployed too fast, failed to deploy, or otherwise injured you, you might be able to seek compensation from the manufacturer of the defective airbag.
Will I have to go to court?
Many car accident claims settle before going to court becomes necessary, but if the other side won’t negotiate or make a fair settlement offer, you might have to go to court to get the compensation you truly deserve.
Work with a McAllen Car Accident Attorney
You shouldn’t have to shoulder the financial burden in the aftermath of a crash that wasn’t your fault. To help ensure that you get the compensation you deserve, contact a lawyer at J.A. Davis & Associates, LLP today.
During our many years in practice, we’ve been proud to serve over 9,000 clients. With our many years of combined experience, we are confident that we can help you win your car accident claim.
Call us at 210-732-1062 or complete the online contact form at the bottom of this page for a free, no-obligation case consultation with a McAllen car accident lawyer.