In this article, you will discover:
- Steps to take in order to file a personal injury claim
- How your fault impacts your personal injury claim
- The statute of limitations for a personal injury claim
- How to recover damages if the at-fault party is uninsured or underinsured
- If you should hire a personal injury attorney
If you would like to file a personal injury claim after you have been in an accident, the first step that you should take is to contact the at-fault driver’s insurance company. To do so, you will need to obtain the crash report, determine who their insurance is, and set up a claim with that insurance company. Typically, you will set up two claims. The two claims are a property damage claim and a bodily injury claim. If you are injured and need to seek medical treatment, you would have to coordinate that treatment with a medical provider and begin the process of gathering your medical bills and records. All of these records should be put it in an accessible format for the insurance company.
How Does It Impact My Personal Injury Claim If I Was Partially At Fault For My Car Wreck In Harris County?
In Texas, there is something called comparative fault. The amount of fault that you are assigned in a collision will be a proportion to how much is paid out in the settlement. For example, if you are found to be 50% at fault, any type of a settlement would then be reduced by the percentage of your fault. In that scenario, your settlement would be reduced by 50%.
How Long After A Car Accident Do I Have To File A Personal Injury Claim In Texas?
In Texas, the statute of limitations to file a personal injury claim is two years from the date of the car accident.
Do I Still Have A Chance To Recover For My Injuries If I Was Hit By An Uninsured Or Underinsured Motorist In Houston?
The ability to recover for your injuries in an uninsured or underinsured incident would be determined by if you have uninsured or underinsured Insurance of your own. If you do have uninsured or underinsured coverage, you can make a claim with your own insurance carrier to recover for those injuries. Essentially in that situation, your insurance carrier steps in the shoes of the tortfeasor, which is a legal term for the person that caused this incident. Then your carrier would step in and represent you for the uninsured or underinsured motorist. If you do not have that coverage, the process is much more difficult, however, not impossible. At that point, you would have to directly hold that individual liable without the backing of any insurance company. In many situations, there are other policies in place that most people are not aware of. In these cases, having an attorney who knows how to research the proper coverages and look for other types of insurances that may not be commonly found is your best option.
It is best for your outcome if you take your injury claim to an experienced attorney, so that they can do the research for you, give you a full explanation, and give you all of your options about how long the process might be and what types of options you have for recovery. If you are injured in a motor vehicle collision and somebody else is at fault, there is always some option for you to recover.
If It Is Clear That The Other Driver Is At Fault, Do I Still Need To Hire A Harris County Personal Injury Attorney For My Car Accident Injury Case?
You should absolutely hire a personal injury attorney for your car accident injury case. You might think you do not need to if it is clear who the at-fault party is, but the insurance company may not accept the claim that the other party was at fault. The insurance company has the power to deny a claim at any point in time based on new information. Their job is to look for ways in which to avoid paying your claim.
If you do not have an experienced attorney looking out for all of your interests and who knows which pitfalls might come, you could be setting yourself up for failure.
For more information on Filing An Auto Accident Injury Claim In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (713) 300-8304 today.