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Crashes and collisions on the road are very common, and victims often file lawsuits for accidents. If you were injured in a crash, talk to our lawyers about what kind of fair compensation you might be entitled to if you file a lawsuit against a negligent driver.
The first thing you should do after a car accident is call for help and report the accident to the police. Depending on injuries and vehicle damage, you might be legally required to report the accident as soon as possible. After you report the crash, contact our attorneys to discuss how to get compensation for your damages and injuries. Depending on your unique circumstances, you might only have two years to file a claim. We can help you claim damages for medical bills, property damage, lost income from missing work, emotional suffering, physical pain, and other injuries and losses incurred because of the defendant’s negligence.
Get a confidential review of your case for free when you call the car accident lawyers at The Queenan Law Firm at (817) 476-1797.
Reporting Car Accidents to the Authorities in Richardson, TX
Though only some accidents are required to be reported by law in Texas, victims should call 911 after any accident, no matter how serious it appears. There are several reasons for this, namely that victims might sustain underlying injuries that warrant compensation, and having police reports confirming that an accident occurred is important.
Reporting requirements for car accidents in Texas are found under Tex. Trans. Code § 55.026(a). If an accident involves physical injuries, death, or damage to a vehicle that prevents it from being safely operated, you must report the accident to the police. You can satisfy this reporting requirement by calling 911 immediately after an accident and should do so for the most accurate police reports.
If the collision occurred within a municipality, you must report it to the local police department. If the accident occurred more than 100 feet outside a municipality, you may report it to the local police or the sheriff’s office. If you are not legally required to report the accident but wish to do so anyway, you may report it to the sheriff’s office or the nearest office or department.
When you call 911, tell the operator your location, and they will send officers from the appropriate police department. When officers arrive on the scene, tell them what you can recall about the other driver’s actions and how they were negligent. Make sure to tell officers if you are injured and need transportation to the hospital from paramedics.
If you did not immediately report your accident because you initially felt uninjured, our car accident lawyers can help you inform the authorities about the collision after the fact. That said, it is best to report collisions instantly so that officers can collect and preserve information in a report. Once officers complete their report, our lawyers can help you obtain it and promptly review it for relevant details.
Reasons to Promptly Contact Our Lawyers About Your Car Accident Case in Richardson, TX
It is imperative to have our lawyers start preparing your case as soon as possible. Victims may only file lawsuits within a set period of time, known as the statute of limitations. If you accidentally wait too long, you might be barred from filing your case, and you may recover no damages from a negligent driver.
Filing by the Statute of Limitations
The statute of limitations is the law that sets the time limit for filing a civil lawsuit. Different statutes of limitations may govern different types of claims. Car accident cases are often considered personal injury claims and must be filed in court within two years of an accident, according to Tex. Civ. Prac. & Rem. Code § 16.003(a).
If you are not suing for your own injuries but are instead suing for the injuries and death of a loved one from a fatal car accident, your case might fall under § 016.003(b), and you would have two years from the victim’s death to file your case.
Using Tolling Exceptions to the Statute of Limitations
If you cannot file your case before the normal statute of limitations runs out, there might be ways in which our car accident lawyers can buy more time. Tolling the statute of limitations might pause the clock, but only for very specific reasons. According to § 16.001(a), plaintiffs who cannot file due to a legal disability may have the limitation period tolled. This exception applies to those injured as minors or people of “unsound mind.”
Fortunately for these victims, the time a plaintiff is under a legal disability is not factored into the limitations period. This means the statute of limitations would not begin to run until a minor plaintiff turns 18 or a mental disability subsides or is removed.
If a disability arises after the cause of action, it does not suspend the limitations period. So, suppose a person becomes mentally disabled after a car accident. In that case, their disability will not toll the statute of limitations, which is important to note so that such victims do not miss the deadline or their opportunity to recover damages.
The statute of limitations may also be tolled for other reasons, such as a defendant’s temporary absence from the state, and our lawyers can confirm whether or not any tolling exceptions apply to your case, extending the period during which you may file a lawsuit for compensatory damages.
How to Get Started on Your Richardson, TX Car Accident Case with Our Lawyers
To get started on your case, discuss your legal options with our lawyers as soon as possible. Victims might hesitate to take legal action, risking precious time and possibly losing crucial evidence. Even if you are still deciding whether you want to take legal action, talk to our attorneys, who can review numerous legal options and help you make an informed decision.
Once you are ready to begin, we can start collecting evidence and information to draft the complaint. The complaint is the legal document that initiates the lawsuit. It is a very formal document and must contain specific details about the accident, your damages, and evidence. Your case might be rejected if the complaint is too vague or lacks evidence, so our lawyers will devote the time and energy necessary to write and file a thorough complaint with the court.
Once the complaint is ready, our lawyers can file it with the appropriate court and send notice of the case to the defendant. Notice requirements are very strict. If the defendant does not receive notice or the notice does not meet proper formatting requirements, your case might be in jeopardy.
After the defendant is notified of the case, discovery comes next, typically followed by settlement negotiations. Our lawyers can represent your interests during these processes, ensuring you do not accept poor offers that leave you uncompensated. We can explain when it might be best to proceed with a trial, such as if defendants stall conversations or become non-communicative, during which we will aim to prove the defendant’s liability to a jury.
Recoverable Damages After Richardson, TX Car Crashes
Victims may recover compensation for any damages due to another driver’s negligence, including any and all hospital expenses, lost income, and intangible damages.
Hospital Expenses
Often, victims are most concerned with getting compensation for hospital and other medical expenses, as these are the costliest damages associated with serious car accidents. One emergency room visit could cost thousands of dollars, and many victims must continue to see specialists for additional surgeries or treatments. Even injuries that seem minor in comparison to others, like whiplash, are still expensive, often requiring physical therapy or prescription pain medication to treat. Tracking all hospital expenses is paramount, and our lawyers can handle this as you physically recover. Your treatment plan’s timeline might extend past the anticipated end of your lawsuit, and our lawyers can offer statements from medical experts to support compensation requests for future medical damages not yet incurred.
Lost Income
Lost income is also recoverable, provided our lawyers can prove you cannot work because of the injuries you sustained in a recent accident. To do this, we might have to present information about your job and workplace responsibilities in contrast to your medical records, showing the severe physical limitations you are currently experiencing because of a collision.
To estimate your lost income since the accident, we can look at recent income statements, tax returns, and paychecks, as well as information from your employer confirming your previous wage. Like medical damages, victims may also get compensation for future lost wages in Richardson.
Intangible Damages
Even damages with no inherent monetary value are compensable. Victims often experience very real pain and suffering after sustaining injuries in traumatic accidents, and our lawyers can quantify these intangible damages using the appropriate calculation methods, either the per diem method or the multiplier method. We can choose the equation that maximizes your non-economic recovery based on your injuries and total losses.
To support compensation requests for non-economic damages, our lawyers may involve mental health experts, who can evaluate victims and go on to testify about victims’ pain and suffering in front of juries. Negligent drivers may hesitate to include compensation for intangible losses in settlement proposals, and our lawyers may have to take claims to court to get the appropriate compensation.
Speak to Our Richardson, TX Car Accident Lawyers for Help
Call The Queenan Law Firm at (817) 476-1797 for a free and confidential case assessment from our car accident lawyers.