Many individuals do not think of the everyday chance that they may be injured in an accident. This is because the word “accident” carries the assumption that it was not something that could be foreseen. The unfortunate reality is that such an event can happen to virtually anyone.
An unexpected injury can leave an individual with bills that they were not prepared for. When this happens, filing a personal injury claim can help ensure that injured individuals are not stuck paying for something that was not even their fault.
For those who are injured in an accident, we understand that starting the insurance claims process can seem intimidating. We are here to help make this process easier for here. Below, we discuss what you need to know about the Texas insurance claims process and what you can expect out of your case.
Dealing with the Insurance Company
If you’re injured because of another person’s negligence, such as another driver, you will most likely be dealing with their insurance company because they will be the ones paying you compensation. An insurance adjuster will probably contact you. Remember that insurance companies are businesses and will try to avoid paying you compensation by showing you were at fault or not seriously injured.
Insurance adjusters use plenty of tactics in order to get you to let your walls down. They may:
Act extremely friendly
Get you to admit fault
Try to record you
Look at your social media accounts
Convince you it’s not necessary to hire an attorney
Do not fall for these tactics. Before you say anything to them, make sure to get in touch with a personal injury attorney. Saying the wrong thing to an insurance adjuster can be detrimental to your case. Your personal injury attorney will help guide you on best practices when dealing with insurance companies in order to ensure your case is protected.
Understanding Fault Laws in Texas
Texas is a shared fault state, which means that more than one person may be found to share some sort of fault in an accident. Insurance in the state follow a “modified comparative negligence” rule. This means that the amount of compensation an injured party may receive will be reduced by their fault in the accident
For example, an injured party may be awarded $30,000 in damages sustained in an accident. However, it may be shown that this person was 20% at fault in the accident. This means that their award amount will be reduced by 20% and they will actually walk away with $24,000.
Under this rule, if someone is found to be more than 50% responsible for an accident, they cannot collect any compensation from other at-fault parties.
Most of the time, the insurance company will use fault laws to their own advantage. They may try to claim that you had a bigger share of fault in the accident than you actually did and offer you a lower settlement because of this. Your personal injury attorney will be able to present the evidence to the insurance company that clearly shows the other party was at fault.
Types of Damages Covered
You may be entitled to compensation for various types of damages in your personal injury claim. In Texas, damages are divided as economic and non-economic damages.
Economic damages are those that are more easily quantifiable and calculated. These are the out-of-pocket expenses that you will receive compensation for. Such damages include:
Lost earning capacity
Non-economic damages are those that are not so easily calculated. Basically, these are an additional means of compensation that are included to make an injury victim “whole” again after an accident. These damages include:
Pain and suffering
Loss of consortium
Your personal injury attorney will need to bring forth evidence to show how your life was impacted because of the accident and injuries you sustained.
Some states limit the amount of compensation one may receive from damages in their personal injury case. Fortunately, Texas has no caps on personal injury claims (except in instances of medical malpractice lawsuits). This means that you will receive the compensation that a jury or judge deems fair based on the evidence that your attorney is able to present.
Statute of Limitations in Texas Personal Injury Claims
A statute of limitations is the time period that legal action must be taken before the case can no longer be pursued. This also applies to personal injury cases in Texas. In this state, you must file a claim within two years from the date of the accident that caused the injury.
Get Seasoned Legal Representation
During a time when you are trying to heal both physically and emotionally, you may find yourself worried about filing your claim correctly. When you come to the Law Offices of Vic Feazell, you will not have to worry about this. Our attorneys will take this burden off of your shoulders so that you can focus on your recovery.
Backed by a track record of success, our attorneys know just what it takes to ensure injury victims receive the compensation they deserve. We will look at the evidence of your case and work to prove who is at fault for your injuries. If the insurance company does not offer you what you are entitled to, we are prepared to fight for your rights both in and out of court.
Get seasoned and dedicated legal advocates on your side of the court. Contact Law Offices of Vic Feazell at (254) 938-6885 to schedule your free consultation with a Waco personal injury attorney.