The post What Does a Car Accident Lawyer Do? appeared first on Ivey Law Firm, P.C..
]]>This is where hiring a car accident lawyer can be extremely helpful. From giving you legal advice to ensuring you obtain the compensation you deserve, a car accident lawyer can handle everything. This leaves you time to focus on yourself and your recovery.
At Ivey Law Firm, our experienced car accident attorneys fight on your behalf so you can move on with your life. We’re sharing what a car accident lawyer does and why it is important to hire one in the aftermath of a car accident.
When you get into an unfortunate car accident, you will be bombarded by advice from everyone around you. Everyone has different suggestions and advice on how to proceed. This can often be frustrating and confusing when you don’t know who to follow, especially when they are not personal injury lawyers. While a friend or family member could offer sincere advice it may not always be the best as they do not have the expertise for your situation.
A car accident attorney will have dealt with cases similar to yours in the past. They can provide accurate legal advice and help you find the best way to proceed with your case and car accident claim.
Car accident litigation can be challenging. Only experienced Houston car accident attorneys will know how to deal with it. Because insurance companies can often be unwilling to offer adequate compensation to the injured party, personal injury lawyers have the skills to negotiate car accident cases to help you recover compensation and lost wages so you can pay medical bills and physically heal from any significant injuries.
A car accident lawyer investigates the details of your case thoroughly and gathers all the information that is required to build a strong case. They will also help you file a personal injury claim with the other driver’s car insurance company.
In the case that an insurance company attempts to offer an unfair settlement, a car accident lawyer will negotiate to ensure you obtain a fair settlement.
Car accident lawyers can help you recover the compensation you deserve. This can include:
While often personal injury claims are settled outside of court, sometimes the other party can refuse to cooperate or offer an unfair settlement. In such a case, you will need to take your car accident personal injury claim to court.
If you do end up going to trial, a car accident lawyer helps you through the entire ordeal. They will ensure you have proper legal representation in court to win your trial and receive the compensation you deserve.
If you’ve been injured in a car accident, don’t try to navigate the legal system alone! Our experienced car attorneys are here to advocate on your behalf to secure fair compensation so you can focus on what’s really important: recovering and healing. Reach out to a Houston car accident attorney today at 888-335-0015 or fill out the form below.
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]]>The post When to Hire a Lawyer for Wrongful Death appeared first on Ivey Law Firm, P.C..
]]>However, it is not necessary to go through all this alone. The law makes it possible for surviving family members to file for financial compensation and seek support for medical bills, lost wages, or funeral expenses.
We’re sharing when and why you should consider hiring a wrongful death lawyer.
Texas law states wrongful death as the loss of life due to someone else’s actions or negligence.
Filing wrongful death lawsuits is similar to any other personal injury claim. However, while in any other personal injury claim the injured party seeks compensation for their losses, wrongful death claims differ because in their case, it is the deceased surviving family members that seek compensation instead.
The objective of filing a wrongful death suit is, essentially, to help those who were supported by the deceased. A surviving spouse, surviving children, or any other family member, can seek compensation for lost income or any other financial damages incurred.
You should consider hiring a wrongful death lawyer if you have lost a loved one due to someone else’s negligence. Normally, any case that qualifies as a personal injury claim qualifies as a wrongful death accident if it results in someone’s death. Below are some instances in which you should hire a wrongful death lawyer.
Any fatal accident, whether a car accident or truck accident, in which the victim dies because of a negligent driver, can be considered a wrongful death case. This can also include motorcycle accidents. Common causes of a fatal accident can be drunk driving, reckless driving, or driving while impaired. These can also include motorcycle or pedestrian and bicycle accidents.
If death is caused due to the negligence of a medical professional, such as a doctor or nurse, they may be held liable for medical malpractice. Instances in which medical malpractice is relevant are:
Since medical malpractice suits can be complicated, you will require an experienced wrongful death attorney who can gather evidence and bring in witnesses.
If a victim dies from the injuries sustained on someone else’s property because of their negligence, their surviving relatives can file a wrongful death claim. In Texas, property owners are responsible for ensuring the safety of their property. The rules surrounding this responsibility are referred to as premises liability. If the plaintiff can establish a claim that the person’s death was a direct result of the property owner’s negligence, surviving relatives will be eligible for a wrongful death settlement.
If a person’s intentional criminal act leads to a loved one’s death, a wrongful death lawsuit can be made against them. Criminal prosecution can include cases such as robbery or sexual assault.
Navigating the law alone is not easy. This is especially true in the aftermath of the loss of a loved one’s life. You need time to grieve and often do not have the capacity to file personal injury cases yourself.
In order to prove wrongful death, you need a solid case with ample evidence. When you hire an experienced wrongful death attorney, they can help you understand various legal contexts and build your wrongful death claim accordingly.
Alongside navigating the legal process, a wrongful death attorney can also help you negotiate with various insurance companies.
Insurance providers usually have a team of legal experts and dealing with them alone can be difficult. By hiring your legal counsel, you can ensure you are not being taken advantage of.
Experienced wrongful death attorneys will have dealt with cases similar to yours in the past. That is why they’ll have the experience to help you secure the maximum compensation from the negligent party.
Money cannot possibly replace the loss of a loved one. However, financial compensation can certainly help you deal with the aftermath of the loss. Examples of compensation you can recover from a wrongful death claim are:
The immediate family members of the deceased person can file a wrongful death lawsuit against the negligent party. Examples of such a family member can include a surviving parent, surviving spouse, adult child, adopted child, and siblings. In other cases, the executor of the estate of the deceased person may also be eligible to file a wrongful death lawsuit.
In Texas, the surviving family members or the executor of the deceased’s estate, have 2 years from the day of the victim’s death to file a wrongful death claim and recover compensation. However, it is highly important to get legal counsel from a wrongful death lawyer or a personal injury lawyer as soon as possible to begin investigating the case, gathering evidence, and preparing witnesses.
The time in which a wrongful death lawsuit is resolved depends on several factors. These factors can include the type of wrongful death case filed, the evidence brought by both sides, and punitive damages. In the best possible scenario, the parties settle their claims immediately after the wrongful death lawsuit is filed. Generally, wrongful death cases are settled. Oftentimes the claims may be settled within months.
The untimely death of a loved one is never easy. If you have lost a family member due to someone else’s negligence, we can help you get the compensation you deserve. Contact the Ivey Lawn Firm by calling 888-335-0015 to speak with a wrongful death lawyer or fill out the form below to schedule get a free consultation today.
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]]>The post Legal Assistance for Unique Trucking Accident Cases appeared first on Ivey Law Firm, P.C..
]]>Despite their utility, though, big trucks can be dangerous. For motorists, it can be hard to see around them and they can be difficult to maneuver near when truck drivers fail to stay in their lanes or abide by posted speed limits. Truck drivers can make dangerous decisions when in their rigs when they speed, fail to follow hours of service rules, and allow distractions to influence their driving behaviors.
A trucking accident is an extremely misfortunate event that can cause severe physical and emotional damage to the injured party. With a trucking accident, however, there are unique problems that arise when victims attempt to pursue their losses and file a personal injury lawsuit.
We’re sharing why it is essential to get immediate legal assistance in the case of a trucking accident in order to succeed.
It is first and foremost important to understand that it is extremely difficult to recoup all your losses if you face a truck accident lawsuit alone. An experienced truck accident lawyer can help you navigate the legal system and face the unique problems associated with trucking accidents such as:
A truck accident is not simple. There are always multiple liable parties involved. You will have to file a claim against and pursue multiple parties to gain compensation for your losses. Liable parties can include:
Dealing with multiple parties is not an easy scenario. An experienced truck accident lawyer can help you deal with all the liable parties at hand.
Each liable party will bring its insurance company into the playing field. Dealing with one insurance company is difficult in itself. Dealing with multiple insurance companies can be a nightmare.
Every insurance company has different policies, and so has to be negotiated with accordingly. A truck accident lawyer can go back and forth with the insurance companies, leaving you time to heal and recover from the accident.
Trucking accidents often involve more than one motor vehicle. For example, a car pileup on a highway. In such a unique case, the other drivers and occupants will also be filing lawsuits either against the truck driver, or the several drivers involved.
In such a unique trucking accident case, it can become difficult to pursue a lawsuit on your own. This is where it becomes beneficial to hire legal representation.
There are numerous complex truck laws that will play a big part in determining the outcome of your lawsuit. Trucking laws are established and overseen by the Federal Motor Carrier Safety Administration (FMCSA). These laws are not always easy to comprehend and navigate.
Keeping these complex trucking laws in mind, it is highly crucial to understand them and protect your evidence. Otherwise, it could get destroyed and make your case far more difficult to win.
A truck accident lawyer will ensure your evidence is protected. They will also know how to apply laws and regulations to the benefit of your case.
Truck accidents often result in serious, and even fatal injuries. The more serious your injury is, the more unique and complex your case becomes. Examples of injuries from truck accidents include:
In order to gain compensation for such injuries, sufficient evidence has to be presented. A professional truck accident lawyer will know how and when to gather evidence and use it to build your case.
The Ivey Law Firm in Houston, TX recognizes the unique problems that truck accident victims may face when they decide to pursue their losses and begin litigation. From understanding how to file a lawsuit to assessing the appropriate defendants and damages to include in their pleading, a truck accident victim can benefit from legal support from the outset of their case. We will ensure you get the representation you deserve. Schedule a free case consultation and evaluation with a truck accident attorney today by calling 888-335-0015 or filling out the form below.
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]]>The post What To Do If You Get Into A Rideshare Accident in Houston appeared first on Ivey Law Firm, P.C..
]]>However, getting into an Uber or Lyft vehicle means placing your safety in the hands of its driver. Often ridesharing companies only require drivers to have licenses and do not take more screening measures.
If your ridesharing vehicle gets into an accident in Houston, it can be difficult to navigate the next steps. Who is responsible for the damages? Who will pay for your medical bills or lost wages?
What you need is an experienced ridesharing accident lawyer to help you navigate your next steps. Our experts at Ivey Law Firm are here to explain what you should do if you get into a rideshare accident in Houston.
So who exactly is to blame? If you get into a ridesharing accident, your Uber/Lyft driver or the company itself will be held responsible. The exact determination will depend on the specifics of the accident.
If the driver is online with Uber or Lyft when the accident occurs, the company itself becomes responsible. If, however, the driver is not on the clock, then their own car insurance policy will be applied. It is also important to note that Uber and Lyft drivers are not actually employees of the companies; they are independent contractors. This status makes it very challenging to hold the company itself accountable for any negligence, though it is possible to recover damages through their liability insurance.
Sometimes it can be difficult to hold the company responsible for the driver’s actions. However, if there were red flags on the driver’s record that the company missed, this can be a sign they were negligent during hiring. This can make them liable directly and may be named in a lawsuit.
According to Texas law, ridesharing companies such as Uber and Lyft and mandated to maintain certain amounts of insurance coverage for their drivers.
A ridesharing accident is always unprecedented and frightening. Not to mention the damages, both present, and future that you are likely to incur. Some of these can be:
If you sustain injuries from a ridesharing accident you will most likely need to go to the hospital. This can lead to the accumulation of hefty hospital bills. Oftentimes, you may also require later treatment, not to mention the added cost of medicines.
You are within your rights to claim recovery for losses such as :
An experienced attorney can help you calculate the medical costs of ongoing and future care. This can help you save money that you would have otherwise spent on long term care.
A ridesharing accident may cause you to sustain physical injuries that make it difficult for you to work. In this case, you shouldn’t be the one responsible for your lost wages.
With the help of an experienced ridesharing attorney, you should make claims for any lost wages, sick leave pay, or reduced earning capacity.
A ridesharing accident can take a toll both on your physical and emotional health. You should not be made to suffer for the actions of others if you were not at fault. Gaining compensation for emotional turmoil is no less deserving than medical bills or lost wages. You should even be able to seek compensation for any loss in the quality of your life.
If you’ve been injured after an accident involving an Uber or Lyft, we understand how complex this issue is and how to recover the damages you deserve. Schedule a free case consultation and evaluation with an attorney today by calling 888-335-0015 or filling out the form below.
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]]>The post Can I Sue the City if I Slip and Get Hurt on the Sidewalk? appeared first on Ivey Law Firm, P.C..
]]>A city is responsible for a slip and fall accident and the injuries that follow only if it is proved that it was negligible and its negligence was the cause of injuries. You cannot file a claim if you merely slip and end up falling on a sidewalk. Such an accident is an everyday occurrence.
If you do believe that your slip and fall accident is a cause of negligence on behalf of the state of the city you will have to duly prove it. Instances in which the city can be held liable are:
Often times the owner of the property is held responsible for accidents caused due to negligence on their property. Thus, if your slip and fall accident occurs on a residential property you will not be able to hold the government responsible. If, however, your fall takes place of public or commercial property, you might be able to build a case.
In order to prove the negligence of the parties involved, you will have to prove their awareness of the unsafe conditions as well. It is recommended, for a case such as this, to contact a personal injury lawyer who has expertise in claims against the city.
According to the jurisdiction you are in, you will have to follow the specific claim filing procedure in order to hold the city responsible for your slip and fall. This procedure will vary from jurisdiction to jurisdiction, but will normally include:
While making the claim, you have to ensure you are addressing the right municipal department. For instance, if you were to trip over a faulty bus stop sign, the city might hold the transportation department responsible and the government at large.
If you file a claim and do not receive a proper response in a certain amount of time, you are within your rights to file a personal injury lawsuit.
If you have suffered an injury in a slip and fall accident in Houston, TX, it is best to consult a personal injury attorney right away to ensure that your case will be properly handled. At Ivey Law Firm, we are dedicated to helping our clients get the maximum compensation for the injuries that they have sustained. Since we know the law and have years of experience in this area, we can help you get what rightfully belongs to you. Contact us today at 888-335-0015 or fill out the form below.
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]]>The post The Largest Personal Injury Award Ever Given in Texas? appeared first on Ivey Law Firm, P.C..
]]>It is known that every day, about 28 people die due to reckless drunk driving. This case was also no different.
In November 2017, Tamra Kay Kindred was driving her 16 year old granddaughter, Aujuni Tamay Anderson, home from her afternoon job when drunk driver Joshua Delbosque ran a red light and hit their car head-on. Both grandma and granddaughter died in the car crash along with the driver himself.
It was confirmed by authorities later on that the driver Joshua Delbosque was intoxicated when he left work. Medical reports confirmed that Delbosque had a blood alcohol concentration of 0.263, while the intoxication limit in Texas is strictly 0.08 percent.
The Texas Alcoholic Beverage Commission (TABC) later discovered that the bar where Delbosque was drinking had an expired liquor license in September 2019.
The Kindred and Anderson family sued Beer Belly’s Sports Bar, the bar in question, for serving Delbosuqe a dangerous amount of alcohol.
The trial began in the week of December 6th, 2021, and resulted in the family being entitled to $301 billion, the largest personal injury award in the history of the United States.
Craig Sico, an attorney for the Kindred and Anderson family, insisted this was a symbolic win to pronounce the consequences of drunk driving and the selling of too much alcohol to visibly intoxicated people. This large amount of money also stands in solidarity with families that have been impacted by drunk driving.
It is crucial that you understand your rights as well as all the different options that are available to you. If you have been injured in an accident and don’t feel like the compensation you are getting is worth the lifetime damages incurred, you need to seek legal assistance. You can reach out to our injury lawyers at Ivey Law firm for a free consultation and get started on your case today. Call us today at 888-335-0015 or fill out the form below.
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]]>The post What Information Do You Need to Collect After a Car Accident? appeared first on Ivey Law Firm, P.C..
]]>At Ivy Law Firm, P.C, we recommend gathering the following documents and information, to ensure you will be properly compensated:
If unfortunately, you’re involved in a car accident, a police officer will most likely come to the scene. Normally, at the scene of the accident or afterward, the police officer prepares an accident report. This report contains significant information regarding the accident. These could include:
All these pieces of information will be vital in your insurance claim or lawsuit. You can obtain a copy of this police report by contacting the law enforcement office and giving them either the details of the accident (date, location) or by mentioning the name and badge number of the officer at the scene.
While the police officer is most likely going to jot down accurate information at the scene, there is a possible chance that they could miss out on an important piece of information. In order to avoid such a situation, it is recommended to personally gather information yourself at the scene of the accident that you could possibly present in the future if the need were to arise. These should include:
If an accident results in unfortunate injuries and a visit to the hospital, it is important that you acquire copies of those records. In order to be completely thorough, you should keep medical copies from every step of your treatment process. This can begin with emergency medical services such as ambulances, emergency room treatment, possible hospital admission and treatment, and any later checkups with your primary healthcare provider.
If your primary healthcare provider prescribes any prescriptions or tests for the purpose of diagnosis, keep a hold of those records too. When attempting to gain compensation for your medical injuries, you will require detailed evidence and details, so it is advised to be prepared beforehand.
Proof of Income
If due to the injuries sustained in the car accident, you are not able to go to work, you will most likely be compensated for the loss of income. In order to be compensated, however, you will have to show evidence of the claimed losses. Keep track of your pay stubs, bank deposit records, or any other financial statements that can clarify the payment loss due to the accident.
In the case of an accident, your insurance policy is vital information. Gather all insurance documentation that signifies you have paid the necessary premiums on the policy. Your insurance documents will help your attorney classify what kind of coverage you are liable for.
At Ivy Law Firm, P.C, we are committed to providing you with the best possible service to ensure all your losses are thoroughly compensated. We can make the process easier for you. Contact Ivey Law Firm today at 888-335-0015 or fill out the form below.
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]]>The post First 10 Things You Should Do After a Motorcycle Accident appeared first on Ivey Law Firm, P.C..
]]>If you’ve been involved in a motorcycle accident you should call Ivey Law Firm for guidance on what to do next. Here are some steps to take as soon as possible after a motorcycle accident:
The first priority should be to get help if you have been injured. If there are other motorists on the scene, request that they call 911 or the emergency service number for your area. Most people instinctively want to avoid seeking medical attention because they worry about injury costs or being subject to a lawsuit – but this hesitation could result in further complications down the line.
A law enforcement official should also be notified of the accident. Having the incident documented by an officer will help establish liability if any disputes or lawsuits arise later on. Law enforcement officers will come to the scene and take care of identifying possible witnesses, establishing traffic flow patterns, taking photographs of the scene, documenting police reports, etc.
Leave your helmet and safety gear on until an official has seen them. Even if you are injured, it is best to leave the helmet on until a law enforcement agent or representative from your motorcycle insurance company has inspected it. The same goes for your protective riding jacket and pants. This will ensure that they are not tampered with during this high-stress situation – which could have serious repercussions later on.
It is critical to document the scene before any possible evidence is disturbed. Using your smartphone, take photos of all aspects of the accident, including road conditions, skid marks, traffic flow patterns, signals at intersections, etc. As soon as possible after you have been in a collision, make a video of the scene and upload it to social media, email, or text it to family and friends.
If you suspect that the other driver may be under the influence of drugs or alcohol, take note if they seem to be exhibiting signs of intoxication: staggering, slurring speech, bloodshot eyes, etc. If this is the case and law enforcement officials become involved, later on, it can help your case to show that this was a factor in the accident.
Make sure to get the name, address and contact information of any other motorist who may have been involved in a motorcycle accident with you. Also, take down their vehicle make, model, and license number. Be careful not to admit fault by accepting blame or apologizing – this can come back against you later on if there is a dispute about liability.
Take the names and contact information of any witnesses at the scene. If they saw what happened, ask them to go on record as a court witness – this is especially essential if you want to pursue legal action. Witnesses can also provide helpful evidence later on, although it may be necessary to refer back to them for follow-up questions about their account.
If you have been injured in a motorcycle accident, it is important to contact an experienced motorcycle accident attorney. Ivey Law Firm offers free initial consultations for personal injury claims and we often take the case on contingency – meaning that we charge no fees or costs until your case has been settled or won in court.
It is usually advisable to get multiple copies of any relevant medical information. This will be useful during the early stages of collecting evidence for your claim and/or lawsuit.
Your attorney should look over your auto insurance policy to determine whether or not it covers any crashes that occurred while riding your motorcycle. Even if you were not at fault, many companies can use loopholes to avoid paying claims.
If law enforcement officials become involved in your accident and file a police report, you should request a copy of this as soon as possible. If the investigating officer does not provide it to you when they come to take your statement, then ask for it when they arrive on the scene – and double-check that they have taken down all of the information.
At Ivey Law Firm, we have some of the best motorcycle accident lawyers in town ready to advocate on your behalf. We handle all types of personal injury claims and have won millions of dollars for our clients. Contact Ivey Law Firm to find out how we can help you! Call 888-335-0015 to schedule a free consultation.
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]]>The post When Should I Contact An Attorney After a Slip and Fall Accident? appeared first on Ivey Law Firm, P.C..
]]>Did you know that falls are one of the leading causes of visits to emergency rooms? There are over 8 million emergency room visits that are caused by falls, representing the leading cause with 21.3% of visits. Slips and falls account for over 1 million emergency room visits or 12% of all falls.
When someone’s negligence causes a slip and fall, the victim may have a right to compensation through a personal injury lawsuit. It is important to contact a personal injury attorney in order to find out how to proceed. But what happens when you don’t contact a personal injury attorney after a slip and fall accident? And your injuries seem minor at the time?
This article will cover when you should contact an attorney after a slip and fall accident and how to approach the situation.
Slip and falls are accidents that occur when a property owner does not take the appropriate measures to ensure that their property is safe for patrons. For example, if a business owner fails to clean some sidewalk ice, it could cause people to slip and fall. If a store employee did not shovel the walkway to the store entrance correctly, they could cause someone to slip and fall. Another example would be failing to put up a sign during rainstorms telling customers that there is an area of high water that should be avoided.
Slip and Fall Accidents can lead to serious injuries like:
Whenever you have a legal issue that you don’t feel like dealing with on your own, you should contact a slip and fall lawyer. This is especially true when the issue involves medical treatment, negligence, or anything else that may be hard to figure out. It is much more difficult to find out the information you need without legal counsel.
The following are some common situations in which injury occur after a slip and fall accident:
There are many victims who deny or delay contacting a lawyer because they think that their case is small or because it is somehow not important. However, if you don’t consult a personal injury attorney as soon as you slip and fall, break a bone or suffer any other kind of medical condition, the costs can add up quickly. The following are some examples of what can happen if you delay in contacting an attorney:
Facts are important to your case and facts can change over time. When you consult with an attorney, they will ask you questions regarding the incident and important details that they need to build your case. If you wait to contact an attorney, you may forget important facts over time! And it may be difficult to track down photos, witnesses, and other evidence.
Once the insurance company becomes aware that you have contacted a personal injury attorney to represent you, they will most likely change their position on wanting to settle out of court quickly and instead may attempt to drag the matter out in court trial. It is best to call an attorney right away because they can help you avoid delays and protect your rights.
Insurance companies can be tricky, and they will try to settle out of court for little or nothing. They know that you may be unable to continue working or that you may not be able to make ends meet while paying medical bills. If you don’t consult an attorney immediately, you will have no idea what your claim is worth and accept whatever the insurance company offers as a “quick fix”, which might turn out not to be worth anything in the long run.
You may try to deal with the insurance company on your own. If you do this, you could lose valuable time and money because their insurance adjuster will try to delay the matter as much as possible. This is a way for them to wear you down and get more time to gather more information that may be beneficial to their case.
If you have suffered any kind of injuries or losses, it is important that you contact an attorney so that they can begin building a strong case for you right away. Your attorney can work with your insurance company and help you to settle for more of what you deserve.
You need to file your case in court or settle out of it within a specified period of time known as a statute of limitations. If you don’t consult an attorney immediately and you miss that deadline, the court may refuse to hear your case and the insurance company will use this to their advantage!
If you have suffered an injury in a slip and fall accident, it is best to consult a personal injury attorney right away because they can help you to ensure that your case will be properly handled. At Ivey Law Firm, we are dedicated to helping our clients get the maximum compensation for the injuries that they have sustained. Since we know the law and have years of experience in this area, we can help you get what rightfully belongs to you. Contact us today at 888-335-0015 we are happy to speak with you about your case.
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]]>The post How Long Do I Have To Sue After a Car Accident in Texas? appeared first on Ivey Law Firm, P.C..
]]>Car accidents are an inconvenience to many drivers. The negative repercussions are from physical harm, all the way to mental stress, time wasted, and car damage. However, if the driver is not in the wrong, they are entitled to compensation by holding the person who caused the crash financially liable for the damage. In this blog post, we’re looking at all the things you need to know after being involved in a car accident, as well as how long you have to sue in the state of Texas.
Our legal system is adversarial in nature, meaning that the parties to a lawsuit are opposing parties and that the winner is the one who makes the best case. A lawsuit begins when one party files a pleading with the court, asking the court to take action on the basis of a complaint or petition. A lawsuit is typically filed after a contract is broken. In the US, lawsuits can be filed in state or federal court. If you’re in an accident and it’s the other person’s fault, you may be able to sue for compensation.
It is important to note that not all cases require a lawsuit because the accident may be minimal – meaning no persons were harmed, just the car (with little damage at that), which will allow the insurance company to compensate the repair costs. On the other hand, if there was more damage done then a lawsuit would be beneficial to the victim(s).
The time limit on suing after a car accident is dependent on the state one lives in – some have a maximum of one year and others have six years. The majority of states have their limit between two to three years from the date of the accident. In Texas, it is two years. Insurance companies have the duration of 35 days to settle a filed claim which is simply acknowledging the claim and coming to the decision of whether or not they’re accepting to pay the settlement. Unfortunately, if a claim is not filed during the stipulated statute of limitation, then the victim is deprived of exercising their right to compensation.
The reason for the statute of limitation is to protect defendants over a variety of criminal and civil matters that require the court’s attention. The pursuit of a lawsuit within a timely manner will prevent evidence from being lost (for example, the accurate memory recollection of the plaintiff – the one who filed the claim, and those of any witnesses). In addition, it would be highly unreasonable if the courts were subjected to listening to a trial of a case that occurred over ten or twenty years ago. Essentially, it is imperative that these cases are dealt with within a decent time period.
They will be helpful in identifying the correct legal action to take depending on the state of the accident, the extent of harm caused, and the cooperation from the perpetrator and their insurance company. The lawyers may also be of assistance in calculating a decent price for the settlement. In essence, they are the best advisors and they offer free consultations. For example, the accident could fall under these categories: car accidents, trucking accidents, motorcycle accidents, Uber/Lyft accidents, bicycle and pedestrian accidents, wrongful deaths, and other personal injuries.
File the claim as soon as possible in order to remember the correct details of the accident rather than waiting years to do so. This is because the evidence will be required for trial success such as photographs, videos, police reports, medical reports, etc. to prove the accident occurred. Also, it may be a tedious process to follow through with a lawsuit therefore accuracy of the situation is crucial.
As mentioned earlier, an attorney can aid in calculating the compensation. This takes certain variables into consideration like for example the severity of the injury (less compensation for less physical damage and vice versa), cost of medical expenses (bills gathered since the accident and future pending bills), loss of wages (the time taken off of work resulting in income loss), the amount of evidence gathered (the more evidence gotten, the stronger the case will be) and the attorney’s ability to argue the case (a skilled attorney with experience can ensure fair and just compensation for the client). A victim of a car accident should be aware of these variables in order to fight for their well-deserved compensation.
If you’re ever involved in a car accident anywhere in Texas and want to know how long you have till you need to file your car accident claim, get in touch with our team at 888-335-0015. We are able to provide you with information about this and help you come to terms with any issues arising from being involved in a car accident of any kind.
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