SYNDICATION -- What Will a Car Accident Lawyer Actually Do for You in El Paso, TX? [RB -- Mission]
After a car accident in El Paso, TX, accident victims often have to deal with serious injuries. Along with those injuries come medical bills and other expenses. Being out of work because of car accident injuries compounds the problem.
In addition to dealing with the emotional and physical aftermath of a car accident, victims also deal with the legal consequences. Since Texas is an at-fault state for car accident claims, you can file a claim against the other driver for compensation of damages.
However, you must prove that the other driver caused the car accident to hold them legally responsible for your injuries and damages.
Do I Need a Car Accident Lawyer After an Accident in El Paso, TX?
You might believe you can handle your car accident claim directly with the insurance company. The insurance adjuster assigned to your claim will likely agree with you. However, the insurance company does not have your best interests in mind.
A car accident attorney has one priority – to protect your legal right to fair compensation for damages and injuries caused by a negligent driver. A lawyer places your best interests first and protects you from aggressive claims adjusters working to protect the insurance company from liability.
Defend You Against Allegations of Contributory Fault
Insurance companies like to blame the accident victim for causing or contributing to the cause of the crash. They do this to decrease the claim’s value or avoid paying the claim altogether.
The contributory law in Texas states an accident victim cannot receive compensation for damages if they are more than 50% to blame for causing their injuries. If they are less than 51% at fault, the court reduces the amount of compensation they receive by their level of fault.
An accident attorney understands the law to defend you against unfounded allegations of fault. They also know how insurance companies try to shift the blame, so your attorney provides valuable guidance to avoid making errors that could hurt your case.
Calculate an Accurate Value for Your Damages
The insurance company wants to avoid liability. It wants to pay as little as possible if it must pay for your claim. Therefore, the settlement offer from the insurance company is likely to be lower than the value of your claim.
An experienced car accident attorney documents all your damages. They ensure all economic and non-economic damages are included in the calculation. Your lawyer then negotiates a fair personal injury settlement based on an accurate value for your claim.
Investigate the Accident To Gather Evidence Proving Your Claim
You have the burden of proving negligence before receiving compensation for damages. The legal elements of a negligence case for a car accident are:
- The other motorist owed you a duty of care to operate their vehicle in a safe manner
- The motorist’s conduct constituted a breach of their duty
- The breach of duty by the motorist was a proximate and direct cause of your accident
- You incurred damages and injuries because of the motorist’s negligence
Cause, fault, and damages are more straightforward and easier to prove in some car accident cases than others. In many cases, proving the driver breached their duty of care and that the breach was the direct cause of the accident can be challenging.
A car accident lawyer understands the evidence. They have the resources and skills to conduct an independent investigation into the cause of your car crash. An attorney also understands how to use the evidence to present a compelling case based on solid evidence, which increases your chance of winning full compensation.
Other Things Your Car Accident Lawyer in El Paso Does for You
The above examples are just a few ways a personal injury lawyer can help you after a car accident in El Paso, TX, or any other city. Other ways your car accident attorney helps you with a personal injury claim include:
- Handle all communications with the insurance company and other parties
- Organize your medical records and bills
- Work with medical specialists, accident reconstructionists, and other expert witnesses, as needed
- Explain personal injury laws and how those laws impact your case
- Negotiate with medical lien holders and health insurance companies to lower the amount of payoffs for liens and subrogation rights
In addition, keep in mind that it may become in your best interest to file a lawsuit against the at-fault party after a car accident and recover full compensation. Representing yourself in court is not advised; having a lawyer at this stage of the process is crucial for a favorable outcome. Note as well that cases can still settle even after a lawsuit is filed -- most do not make it all the way to trial.
Most car accident lawyers offer a free consultation. Therefore, it does not cost you anything to meet with a car accident attorney. Before you move forward with a claim, obtaining legal advice from a trusted advocate for accident victims is in your best interest.