If you or a loved one suffer a serious car accident injury, you should take care to gather all the facts before pursuing a personal injury claim. Misconceptions about this process limit many individuals from receiving fair legal compensation.
These are the facts behind five of the most common car accident myths.
“You can file a lawsuit any time after the accident”
In fact, even when another driver was clearly at fault for the collision, you only have two years to file a legal claim in Texas. If the person is also subject to a criminal action, as in cases involving drugs or alcohol, you can file the civil lawsuit at the same time. After two years, the court will dismiss your case.
“You cannot recover damages if you shared fault”
Texas follows a modified comparative fault standard for personal injury lawsuits. With this type of arrangement, a person can receive partial damages if he or she is up to 50% at fault for the accident. The judge will reduce the person’s legal damages by the fault percentage.
“The insurance company will provide a fair settlement”
When you rely on the other driver’s insurance company to pay for your damages, you may find that they argue whether their client is at fault. If you receive a settlement offer that does not cover your medical bills and other associated costs, you may need an attorney to negotiate with the insurer on your behalf.
“You have to talk to the insurance company”
You do not have an obligation to provide a detailed statement to the other driver’s insurance company. Avoid discussing anything with the adjuster, because he or she has a vested interest in finding you at fault for the incident.
“You do not need medical care”
Even if you have a minor injury, see your doctor after a car crash. Sometimes, serious tissue damage and brain injury does not arise until hours, days or even weeks after an auto accident.
Taking the right steps after an auto accident injury can help you protect your livelihood. A legal claim can cover your lost wages, medical expenses, and pain and suffering.