ASSERTIVE Cypress Car Accident Lawyers
Cypress Car Accident Lawyers
Cypress is one of Texas’s largest and fastest-growing communities. With more growth comes more traffic, and the more packed and congested the roads are, the higher the chance of accidents happening. As drivers, we can do our part to remain safe on the road, but we aren’t able to control other drivers’ actions. When a driver is reckless or careless, their actions can be detrimental to those around them.
At Mott & Moffett, our car accident lawyers have seen firsthand how traumatic and damaging car accidents can be, and we’ll work tirelessly to help our clients seek the compensation and justice they deserve. From helping you understand your rights, the next steps to take for your claim, and fighting back against the intimidation tactics insurance companies use, our car accident attorneys will handle every aspect of your case so you feel in control and supported throughout the whole process.
Texas Laws That Impact Your Car Accident Claim
There are multiple factors that go into a car accident claim, and understanding the various Texas laws that impact your claim is a great way to help you feel in control.
Texas’s At-Fault System
In no-fault states, drivers must have mandatory personal injury protection policies based on the minimum insurance mandated by the state. Therefore, an injured party must first file a claim through their own insurance company to obtain compensation and cannot file a claim against a negligent party unless their total damages exceed their insurance coverage.
Texas, however, is an at-fault state which allows injured parties to sue the other negligent party without needing to go through their personal insurance company first. In an at-fault system, the person responsible for the accident and their insurance company is legally responsible for paying for the victim’s damages.
Texas’s Modified Comparative Negligence Rule in Car Accident Claims
The Texas modified comparative negligence rule is applied when both parties involved in the accident contributed to the accident. This rule assigns a portion of fault to each driver. An injured driver cannot recover compensation by filing a claim against the other if their own percentage of fault is 50% or more. While injured drivers can file for compensation, even if they played a role in the accident, their damages will likely be reduced by the percentage of blame they’re assigned. For instance, if the claimant is proven to be 20% responsible, then their total damages will be reduced by 20%.
Texas Car Accident Claim Statute of Limitations
A statute of limitations refers to the allotted time a potential plaintiff has to pursue legal action. The statute of limitations varies depending on the kind of harm you’ve suffered, or the type of accident claim you want to file. In Texas, car accident claims must be filed within two years of the date of the accident. Failing to file on time means forfeiting your right to file a claim and recover compensation.
Texas Car Insurance Claim Process
The processes following a car accident can work differently depending on the at-fault party’s insurance provider. However, there is a general process that consists of the following steps:
- Making a report of the accident to the at-fault party’s insurance provider
- Obtaining a skilled personal injury lawyer
- Gathering and analyzing evidence
- Having your car accident attorney prepare a settlement demand package and demand payment for your damages
Once your car accident attorney states the amount you are owed in compensation, an insurance company may respond in the following ways:
- The insurance company admits fault and agrees to the amount demanded
- The insurance company admits fault but makes a lower offer
- The insurance company denies fault and does not make or accept a settlement offer
The goal of insurance companies is to protect their bottom line, not provide you with the help you need to get back on your feet. This is why the best thing you can do is to partner with a dedicated and experienced personal injury attorney whose only goal is to protect your rights and best interest.
What Damages Can You Recover in a Texas Car Accident Claim?
When a neglected driver is responsible for causing someone else physical, emotional, mental, and financial harm, the victim may be able to recover compensation by filing a car accident claim. Depending on the details of your claim, you may be able to recover compensation for the following:
- Medical expenses: the amount you receive for medical compensation depends on the injury and the extent of your injury. The more severe your injury is, the more medical care you’ll require.
- Lost wages: Some injuries prevent victims from going to work for a substantial period of time, and they lose their source of income. Whatever compensation you receive will depend on the income lost during your recovery.
- Future lost income: If the injury you sustained caused you to become temporarily or permanently disabled, then you may be able to receive compensation for future loss of income. This may also cover the cost of courses needed for a new vocation.
- Property damage: If any of your property is damaged in the accident, you may recover compensation to cover the cost of replacement and repairs.
- Pain and suffering: Accidents can result in severe physical, mental, and emotional pain that no amount of money can ever make up for, but it can provide the financial support needed to reduce financial stress giving you the space to focus on healing.
Obtaining full and fair compensation for all your damages can be difficult without a trusted and assertive car accident attorney at your disposal. Insurance companies are good at offering settlements that appear to be good enough, but your car accident lawyer can make sure you don’t accept any offers that are less than what you deserve.
Have a Strong Advocate on Your Side by Contacting Mott & Moffett Today
Facing a recovery journey on top of trying to recover compensation from insurance adjusters protecting their bottom line can be incredibly stressful and frustrating. At Mott & Moffett, our car accident lawyers are proud to provide our clients with the legal support and services they need to recover fair compensation. Our dedicated legal team has a unique blend of background and experience necessary to advocate for your rights and best interest. Contact our firm today to schedule a consultation at 888-596-6582 or complete our contact form to receive more information.