If you suffered injuries in an auto collision caused by someone else’s negligence, you have a right to recover damages. You will lose that right, however, if you do not follow the rules for filing a car accident claim in Houston.
A respected auto collision attorney from Schechter, Shaffer & Harris could advise you on how to properly file your claim and achieve an optimal conclusion. We have honed our experience in filing auto accident claims throughout our more than 60 years of helping injured car crash victims get the justice they deserve.
The First Step: How Do You Identify the Parties That Owe You Compensation?
In many car accident cases, the driver who caused the crash is not the only party that might reimburse you for injuries and losses. You may also have a right to file a claim against:
- The negligent driver’s employer, if the driver was on the job and providing work-related services when the crash happened
- Municipalities that failed to maintain roads and signs, if unsafe conditions contributed to the crash
- Manufacturers that marketed and sold unsafe vehicles
- Maintenance service providers, if inadequate service caused a failure of a safety system
- The vehicle owner, if they negligently allowed an unsafe driver to operate it
- Your uninsured and underinsured motorist liability insurance carrier
Identifying these parties is critical to determining when and how to file your claim. If you seek reimbursement from a municipality, for example, you may need to issue a notice of your claim within 90 to 180 days after the accident. You also may need to submit an uninsured/underinsured motorist claim within days of the crash. A knowledgeable lawyer in Houston is your best resource to identify the liable parties when submitting a car crash claim before applicable deadlines expire.
The Second Step: Organize Evidence About the Accident and Your Injuries and Losses
When bringing a claim in Houston, the evidence must show that you were not more than 50 percent at fault for causing the auto collision. If the evidence shows otherwise, your claim will be rejected because Texas applies modified comparative negligence standards in personal injury lawsuits. Your attorney could provide guidance on the evidence you need to show that other parties were primarily responsible for your losses and injuries. The evidence should also show the losses you suffered, such as:
- Medical expenses for the treatment of your injuries
- Wages or salary lost while you were unable to work
- Costs for occupational and therapeutic counseling
- Repair and replacement costs for damaged property
- The value of your pain and suffering
Your claims will be stronger when you have substantial and objective evidence to support your demands for compensation.
The Third Step: Negotiating a Settlement or Taking Your Claims to Trial
Insurers like to settle car accident cases quickly because rapid settlements generally undercompensate an injured party and save the insurance company money. If you hire an experienced lawyer to help you, they could present the insurer with a comprehensive settlement demand, with documents and materials that support every component of your claim.
In addition, when filing a claim for a Houston car wreck, make sure you retain an attorney who could prepare your case for trial if the insurer refuses to settle for a fair amount.
Call a Houston Attorney for More Information on Filing a Car Crash Claim
At Schechter, Shaffer & Harris, we provide complimentary case assessments and could help you file your claim in a manner that significantly improves your opportunity to recover the damages you deserve. Call any of our offices today to speak with a knowledgeable lawyer about filing a car accident claim in Houston.
