If you were left seriously injured after a car accident, you are probably thinking of taking action against the liable parties. While a settlement can provide you with the funds you need to get back on your feet, there’s never a guarantee that you will walk away with a financial award.
Thankfully, there are a few ways to determine whether you have a strong case. Read on for a few questions you should ask yourself before filing your claim:
1. Was I Responsible for Causing the Accident?
Texas has adopted a “modified” comparative negligence system for personal injury cases. In other words, you can only sue someone for damages if it’s determined that you were 50% (or less) responsible for causing the wreck. As such, even if you were violating a traffic law when the accident happened, if you can show that the other party played a larger role in causing the collision, you may still be able to recover some compensation for your losses.
2. Did I Seek Medical Treatment?
If you haven’t yet visited the doctor, you should do so as soon as possible. Failure to undergo a comprehensive medical assessment in a timely manner after a wreck could make it challenging for you to recover compensation.
For example, the insurance company might have room to argue that your injuries aren’t as serious as you say because you didn’t require immediate medical attention. Alternatively, they may insist that you suffered your injuries in a different incident as the date of your medical assessment does not line up with the date of the crash.
3. Did I Speak to Opposing Parties?
Whether you spoke to an insurer or the opposing party themselves, you should keep detailed records of such communications. It’s all too easy to say something that might lead to disputes. For instance, you could unwittingly admit fault for causing the wreck, or your statements could be taken out of context to challenge your credibility. Once you’ve hired a personal injury attorney to handle your claim, he or she can handle all dialogue with opposing parties.
4. Did I Gather Evidence at the Scene?
Taking time to document the accident scene could help strengthen your personal injury case. Evidence such as photographs of the wreck, eyewitness statements, and surveillance camera footage could be used to prove liability.
Alternatively, the official police accident report may provide clues as to what caused the wreck. For example, if the at-fault driver was fatigued, officers may have noted this down in their report. You should bring along any evidence you’ve gathered to share with your attorney during the initial consultation.
Discuss You Case with a Texas Car Accident Attorney
Were you injured on the road? It may be in your best interests to speak to a personal injury lawyer as soon as possible.
At Hilliard Martinez Gonzales LLP, our Texas car accident attorneys have experience handling many different types of cases, from truck wrecks to motorcycle accidents to rideshare collisions. We can assist with almost every aspect of your case. Dial 1-800-334-3298 or visit our contact page HERE to request a free case evaluation.