Car & Truck Accidents
Driving is a way of life in Texas. In Katy and the greater Houston area, with more than one million people using the roadways, it’s not surprising that car accidents are fairly common.
Just because car accidents are relatively common does not mean that you should try to negotiate with an insurance company without a lawyer. Trying to settle a car wreck claim on your own is risky. It is standard practice for big insurance companies to set a “reserve”amount for a claim very early on in the process, as an attempt to limit the amount that it will pay to settle your case. This is just one reason that you should see a personal injury lawyer with experience in car accident cases as soon as you reasonably can. Insurance companies can be bullies, but they will take your case more seriously if you have legal representation.
An experienced personal injury lawyer also knows how to collect evidence to build the strongest case possible for you. Most people know that a police report is usually made when there is an automobile accident, but a police report may not tell the whole story. Eyewitness testimony is often necessary, too, especially for example, when an accident happens in an intersection because the negligent driver ran a red light or stop sign. Furthermore, commercial vehicles, such as eighteen wheelers, are typically equipped with a “black box”type device that provides valuable information about the crash. Many new cars have these as well. This data can strengthen your case, and an experienced car accident lawyer can help obtain it.
This firm handles many types of car accident cases including the following:
- highway collisions
- 18-wheeler accidents/trailer accidents
- motorcycle accidents
- rear-end collisions
- accidents caused by a driver running a red light or stop sign
- side impact
- vehicle rollovers
- single car accidents
- passenger injuries
- accidents caused by a drunk driver
If you have been injured in an automobile accident, trucking accident, or motorcycle accident, you may be able to recover monetary damages for medical bills, pain and suffering, lost wages, as well as other damages, depending on the type and severity of your injury.
A wrongful death is a death that occurs because of an injury that was caused by someone’s negligence. Such negligence can occur in many forms such as medical malpractice, injury by a defective product, a construction accident, an accident on unsafe premises, or a fatal car wreck. If you have lost a loved one due to someone else’s negligent actions, you know that money cannot make up for the loss of life. But it can be important to hold the responsible party accountable for the death of your loved one and in some cases to prevent that party from causing more deaths.
Texas law allows for wrongful death claims to be made on behalf of spouses and children (and sometimes the parents) of the deceased, as well as claims on behalf of the deceased person. The claims made on behalf of the deceased person are technically called “survival claims”and must be filed by a personal representative (such as an executor) of the deceased person’s estate. In many situations where the defendant’s negligence has caused injury and/or death, a wrongful death claim and a survival claim can be filed as part of the same lawsuit. The primary differences between the two types of claims are in the monetary damages that can be awarded for each type of claim and who is eligible to pursue the claim and receive monetary damages.
In a wrongful death claim, a deceased person’s surviving spouse and children can recover damages for:
- Funeral costs;
- Loss of financial support;
- Loss or earning capacity;
- Loss of emotional support such as love, companionship, and affection (in legal terms, this is called “loss of consortium”);
- Mental anguish;
- Bills for psychological counseling;
- Loss of inheritance;
- Attorneys’fees; and
- In some extraordinary cases, exemplary (sometimes called “punitive”) damages.
In a “survival claim” the deceased person’s estate can recover damages for:
- Pain and mental anguish;
- Medical expenses associated with the personal injury that ultimately caused the death;
- Funeral expenses;
- And in some cases, exemplary/punitive damages.
It may not be easy to think about filing a lawsuit while you are still grieving deeply, but it is important to know that the statute of limitations for filing a wrongful death/survival claims is typically two years from the date of injury.