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After suffering a motor vehicle collision, it can be very difficult to navigate the path to recovery. It is likely that your injuries will produce a great deal of physical pain, emotional anguish, and financial distress. Furthermore, when pursuing damages in a car accident lawsuit, the defendant and their insurance company may be unwilling to pay the damages you deserve.
Legal support can be crucial in the aftermath of your crash. Our team is prepared to offer thorough guidance and support during each stage of your recovery. Moreover, we can help build your case against the party who caused your accident. We will work diligently to protect your interests and secure the maximum amount of compensation available to you.
Get support from our car accident lawyers at The Queenan Law Firm, P.C. by calling (817) 476-1797.
Damages You Can Recover in a Carrollton Car Accident Lawsuit
There is an array of monetary damages that may be obtained by filing a car accident lawsuit. After assessing your specific case, our car accident attorneys can explain which of the following may be pursued:
Medical Bills
First, you may be compensated for any medical expenses that are reasonably necessary to treat your car accident injuries. For instance, you may obtain reimbursement for the cost of hospital treatments, surgical operations, prescription medications, orthopedic devices, and physical therapy. Also, it is important to note that all past, current, and future medical expenses related to your injuries may be accounted for.
Proving damages for medical bills will typically involve presenting your medical records and receipts. Accordingly, it is imperative that you seek medical treatment quickly after your accident. If you wait for your injuries to heal on their own, then it may be difficult to acquire the documentation necessary to recover maximum payment for medical expenses in your case.
Lost Income
Your car accident injuries may prevent you from returning to work for an extended period of time. In this case, you may obtain payment for the lost income caused by your injuries. Damages for lost income will typically be calculated using your average weekly wages.
Furthermore, if your injury significantly restricts you from performing work in the future, then you may obtain compensation for your diminished future earning capacity. However, copious amounts of complicated evidence are often required to support a claim for such damages. Recovering them can be difficult without legal support.
Property Damage
You may obtain payment for property that is damaged as a result of your accident. For instance, if your vehicle was crushed after being struck by a drunk truck driver, then you may bring a claim against the at-fault driver for the cost of your vehicle’s repair or replacement.
Unfortunately, many defendants in car accident cases will dispute that plaintiffs’ property damage is actually related to the crashes at issue. It may greatly benefit you to snap photos of your damaged car in the immediate aftermath of your collision. These photos can be used to prove the property damage you suffered.
Out-of-Pocket Expenses
There is a wide range of out-of-pocket expenses that may also be reimbursed through your car accident lawsuit. For instance, you may have to pay for transportation to and from your medical appointments and court proceedings. Moreover, if your injuries have left you disabled, then you may need to pay for accessibility modifications to your home. All of these expenses may be accounted for in your claim against the at-fault party.
Damages for out-of-pocket expenses will usually be established using receipts and other financial documents. Therefore, you should attempt to save receipts for any costs that you incur because of your car accident injuries.
Pain and Suffering
Most people are aware that car accident injuries can produce a high degree of physical pain. In addition to this excruciating pain, many of these injuries can also cause victims to suffer immense emotional suffering. For instance, someone with a spinal cord injury may be unable to partake in their favorite hobbies after their crash. Additionally, a victim who sustains a brain injury may have difficulty maintaining meaningful relationships with family members.
Fortunately, you may be awarded payment for both the physical pain and emotional anguish caused by your car accident injuries. When proving damages for pain and suffering, your personal journals or diaries can be utilized as valuable evidence. Therefore, it may help you to chronicle your recovery process in a written or recorded journal. When doing so, you should attempt to give personal insight into the struggles caused by your car accident injuries.
What Happens if You Are Partially to Blame for Your Car Accident in Carrollton, TX?
There are scenarios where car accident victims can share portions of blame for their collisions. For instance, a speeding motorist may be partially responsible for a crash with a distracted driver who ran a red light. Furthermore, a tailgating driver may share fault for a crash with another motorist who committed an illegal lane change.
Fortunately, even if you are partially to blame for your collision in Texas, you may still be able to recover damages in a car accident lawsuit. Texas courts will abide by the doctrine of “modified comparative negligence” when apportioning damages in car crash cases. In other words, they will award damages based on percentages of blame. As an example, if you are only 15% responsible for your crash while another driver is 85% at fault, then they will have to pay for 85% of your damages while you must account for the leftover 15%.
Importantly, you will be unable to file a car accident lawsuit against another party if your share of fault for the crash exceeds 50%.
It is possible that the defendant and their insurer will attempt to shift blame for your accident in order to get out of paying for the damages they owe. Support from our legal professionals can be invaluable when building your case and fighting for rightful compensation. We will gather the evidence required to support your arguments and defeat any alternative assertions of fault.
Deadline to File a Car Accident Lawsuit in Carrollton, TX
In Texas, the deadline to file a car accident lawsuit is established by Tex. Civ. Prac & Rem. Code § 16.003. Accordingly, you will usually have up to two years from the date of your crash to bring your claim to court. If you do not act in accordance with this deadline, then you may miss out on your chance to obtain important compensation.
Furthermore, even though you may have two years to file your case, you should begin working on your car accident lawsuit as quickly as you can. The evidence required to support your claim may become difficult to gather or preserve as time passes. For example, a witness may leave town or forget a crucial detail pertaining to your accident. Moreover, a piece of physical evidence may start to deteriorate or be misplaced. The more quickly you get in touch with our car accident lawyers, the more efficient the process of evidence collection will be. We will begin building your claim immediately after your free case review.
Proving Fault for a Car Accident in Carrollton, TX
In order for your claim to succeed, you will need to prove that your car accident is the defendant’s fault. There are many different types of evidence that may be used to accomplish this task.
Eyewitness Testimony
Eyewitness testimony is among the most valuable types of evidence that can be used to prove fault for car crashes. Witnesses can provide both oral and written testimonies that explain how or why accidents happened. If possible, you should attempt to exchange contact information with potential witnesses in the aftermath of your crash. Our legal team can offer assistance when reaching out for their cooperation during later stages of your case.
Expert Witness Testimony
Similarly, expert witness testimony can be very useful when proving why your accident happened. These types of witnesses are considered experts because they have completed the necessary training, education, and experience in their respective fields. They are typically summoned to explain potentially complicated theories of fault.
For instance, an accident reconstruction expert may be called on to identify who is to blame for a highway collision. Further, an engineering expert may help explain how a crash was caused by a defective vehicle part. When building your case, our team will work diligently to locate the right experts for you.
Photographs from the Scene
You should always attempt to take photos at the scene of your car accident if possible. There are many ways that such photos can help establish fault in your case. For example, photos of your crushed car may be used to demonstrate that the defendant was speeding when your accident happened. Further, photos of skid marks at the scene may show that you attempted to brake and avoid the collision.
Photos may also be useful when disproving one of the defendant’s alternative assertions of fault. For example, the at-fault driver in your case may argue that your crash was caused by poor road conditions, as opposed to their negligence. If this happens, then you may present photos from the scene depicting decent road conditions to discredit their argument.
Physical Evidence from the Scene
Similarly, physical evidence from the scene may be used. As an example, a broken piece of glass found at the crash scene may be matched with the defendant’s headlight in order to identify them as the at-fault party. Further, a piece of drug paraphernalia or an open alcohol bottle found at the scene may help assert that the defendant driver was impaired when your accident happened.
Support from our legal professionals can be highly beneficial when attempting to recover and review physical evidence found at the scene in your case. We will thoroughly analyze every piece of evidence to determine if it can be used to help your claim.
Your Personal Recollection
Furthermore, your personal recollection may even be useful when proving fault for your car accident. It is hard to know which minor details surrounding your crash may prove to be major issues during later stages of your case. By providing a detailed recollection of your accident, you may help our attorneys form a more holistic perspective as to how your accident happened and why it occurred. In turn, we may be able to discover additional evidence and form more effective arguments on your behalf.
Accordingly, you should attempt to create a written or recorded account of your accident while your memory is fresh. Be sure to provide as many details as possible.
Surveillance Recordings
Finally, surveillance recordings may be especially useful when establishing fault. These recordings can help depict the events that unfolded before, during, and after your crash.
There are multiple potential sources of pertinent surveillance recordings. For instance, footage from a nearby driver’s dashboard camera may have captured your accident. Furthermore, your crash may have been recorded by a nearby business’ security camera or a doorbell camera from a residential home.
Unfortunately, parties in control of surveillance recordings may be hesitant to cooperate with a plaintiff in a car accident case. Accordingly, support from our lawyers can be very helpful when tracking down and recovering copies of relevant footage in your case.
Considering Settlement Offers in a Carrollton Car Accident Lawsuit
After filing a car accident lawsuit in Carrollton, the defendant will likely approach you with a settlement offer. If you accept their offer and enter into a settlement agreement, then you will receive a specific sum of damages in exchange for the voluntary dismissal of your case. There are possible advantages to settling before trial. For example, by settling early, you may save on costs such as witness fees and administrative expenses. Moreover, you may obtain payment sooner.
Unfortunately, it is likely that the defendant’s first settlement offer will not reflect the true value of your case. Our legal team can help negotiate for a more substantial offer. If one is not presented, then we may need to take your case to trial in order to acquire the full extent of payment you deserve.
Call Our Law Firm for Assistance with Your Car Accident Case in Carrollton, TX
Seek guidance from our car accident attorneys at The Queenan Law Firm, P.C. by dialing (817) 476-1797.