Some people prefer handling everything on their own. They only call in the professionals when it’s absolutely necessary. Usually, there’s nothing wrong with this and you can save some money. However, some things you shouldn’t try to handle on your own like navigating a car accident claim.
Sure, some accidents like a minor fender bender in a parking lot are pretty cut and dry. Other types of vehicle accidents are more complex. Here’s a look at some signs you need a TX car accident attorney.
Your Injuries are Severe
Accident claims involving severe injuries are usually a little harder to navigate. Sure, the insurance company is eager to settle the claim. Sometimes the insurance adjuster shows up with a check before you’ve even started calculating your damages. You can go ahead and accept the insurance check.
You may even be pleasantly surprised by the amount. Just keep in mind that once you accept a settlement check your accident case is considered closed. This means you can’t refile your claim even if your expenses are more than the settlement amount.
Serious injuries like an amputation or TBI (traumatic brain injury) for example can upend your life. It’s going to take a while to figure out what these impacts are. You’re probably going to need extensive treatment and maybe even long-term medical care. Your attorney can help you calculate these damages so your compensation is enough to cover all of your losses.
The Insurance Company Is Delaying or Denying Your Claim
Insurance companies are a business. This means insurance providers aren’t thrilled when they’re paying out accident claims. This takes away from their bottom line and it’s simply not great for businesses.
Even though states have laws regulating insurance companies and their common stalling tactics, it doesn’t mean your accident claim is going to move smoothly through the approval process. Delaying and denying claims is common and it’s also usually legal.
The reason insurance companies pull these little tricks is pretty simple. Their goal is to force accident victims to accept a lower settlement offer. Yep, this offer is noticeably less than the value of your injury claim.
If this is a problem you’re running into, an experienced Texas accident attorney can help. Your attorney is familiar with these and other stalling tactics and can work to get your claim approved. If the insurance company is still refusing to come to the negotiating table, your attorney can turn your claim into a personal injury lawsuit.
You’re Not Sure of Your Claim’s Value
If you don’t understand how someone can’t know the value of their personal injury claim, you’ve probably never gone through the legal process. Most accident claims list both economic and non-economic damages. While figuring out the value of your economic damages usually only takes a calculator, it’s a little different with non-economic losses.
Economic damages are tangible things like your medical expenses and property damage costs. Any lost income also falls under economic damages. You can easily figure out the value of these losses just by adding up bills and receipts. Pay stubs and tax records should give you the amount of your lost current income.
Great, you’ve partially figured out the value of your accident claim. However, you should still add in your non-economic losses. These intangible losses can make up a significant percentage of your claim’s value. The only problem is you don’t have bills and receipts to fall back on.
Your Texas accident attorney has you covered. They’re familiar with both the multiplier and per diem methods. These methods refer to relatively simple formulas your attorney can use to calculate the value of your non-economic damages.
Proving Liability Is Challenging
Figuring out who’s responsible for your vehicle accident isn’t always easy. Something else to keep in mind is Texas follows modified comparative negligence rules. This insurance rule allows for more than one driver to be responsible for causing the same accident.
Each involved driver is assigned a percentage of the blame. If your assigned fault isn’t over 50%, you can still file a personal injury claim. However, your potential settlement will be reduced by your percentage of fault. Yes, this can significantly reduce the amount of compensation you receive for the accident.
When liability is in question, an accident attorney can help. Your attorney can investigate the accident and help ensure you’re not assigned more blame than your actions deserve. If you feel you’re assigned more than your fair share of fault, your attorney can file an appeal.
You Have Delayed Onset of Injuries
Some injuries like internal ones can take a while to start showing signs and symptoms. This doesn’t mean you can’t file an injury claim even if it’s a few weeks after the accident. In fact, the statute of limitations probably isn’t going to start until your injuries are diagnosed.
While this may seem like good news, it doesn’t mean the insurance company is going to be thrilled about your late injury diagnosis. The insurance company may decide to deny your claim based on the delayed diagnosis. The insurance adjuster may claim your injuries aren’t directly caused by the accident. Get ready for a lot of legal wrangling.
The insurance company isn’t going to reverse its decision easily. You’re probably going to need an accident attorney to help prove your injuries are directly caused by the vehicle accident.
More Than One Driver Is Responsible for the Accident
Filing a personal injury claim after a multi-car pileup is rarely a piece of cake. You need to know who to name as a defendant in your accident claim. When multiple drivers are at-fault, which one do you list? Can you list everyone involved in the accident?
If you’re asking yourself these questions, it’s probably time to consult with an accident attorney. Multi-vehicle collisions are confusing, sometimes even for the experts. Instead of guessing who’s at-fault, let an experienced attorney handle the legal details. This way, you can focus on recovering from the accident.
