The aftermath of a car accident is scary and almost always confusing. You need to know exactly what to do and who to turn to when a crash caused harm to you or a loved one. The legal team at Mike Love & Associates, LLC Texas law firm is ready to step in and make sure that you are treated fairly by the insurance companies and other parties involved. When you need a Nacogdoches car accident lawyer in Texas, call us so we can secure the compensation you need.
You need to secure legal assistance from a compassionate and skilled team of personal injury attorneys in the aftermath of a crash. At Mike Love & Associates, LLC, we are going to treat you like a member of the family. We believe that victims of negligence should be defended and will bring the full weight of two decades of experience to your side.
Auto accident cases can become complex, but a skilled attorney will get the ball rolling. The job of your attorney will be to investigate every aspect of the case, including eyewitness accounts, video footage, accident reports. They will also:
The Texas Department of Transportation tells us that there were 249,241 total vehicle crash injuries and 3,639 traffic fatalities in the state during the latest reporting year. In 2018:
Alcohol-impaired drivers caused 26% of the total car crash fatalities in 2018, and distracted drivers were responsible for almost 400 fatalities. Other common causes of traffic crashes include:
Injuries from motor vehicles can vary from accident to accident. Dependent on several factors, an individual involved in a car accident can suffer injuries that heal in a few days or weeks, to life-changing injuries. These injuries can range from minor to life-altering and potentially life-ending injuries. Below are some common injuries suffered in auto accidents.
If you or a loved one have been impacted by a car accident, you may have legal recourse to recoup damages from what was lost in an auto accident. At Mike Love & Associates, LLC our auto accident attorneys work with individuals that have suffered life-altering injuries from car accidents.
Dependent on the circumstances of a case, damages can vary widely. Damages awarded to a victim can help cover the financial, physical and emotional damage resulting from the accident. Damages can include:
Medical bills in the aftermath of a vehicle accident are often extensive. These begin with any emergency medical services that are needed, including treatment from EMS, an ambulance ride to the hospital, and treatment in the emergency room. Aside from emergency medical bills, Nacogdoches car accident victims should continue with all follow-up doctor visits recommended by their physician. They need to continue this treatment until they have reached maximum medical improvement, which could be some time. Discontinuing treatment before a doctor says a victim has reached maximum medical improvement could jeopardize the compensation the victim receives for the case. Medical bills in these cases can also include any medical devices that are needed (walkers, wheelchairs, hospital beds, etc.), prescription medications, as well as physical therapy and rehabilitation.
In many cases, a Nacogdoches car accident victim is unable to work while they recover, and they should be entitled to any loss to their compensation. Additionally, if an accident injury victim is disabled and unable to continue working in the future, or is unable to work at the same capacity as they were before their injury, they should be entitled to receive compensation for their lost earning capacity. For example, if a construction worker is no longer able to perform the same work they were able to before their car accident, they may have to take a job in the office of the construction company that pays less money. In this situation, the construction worker should be able to receive compensation to make up for their lost earning capacity.
Physical pain is going to be considered a non-economic damage in the aftermath of a car accident. Compensation for physical pain is a bit harder to calculate because it does not come with actual bills or receipts. However, the physical pain an auto accident victim endures after an accident can significantly alter their quality of life, and they should be compensated. Physical pain will typically be intense soon after the injuries occur and often while a person is recovering. Injured victims of car accidents can keep track of their level of pain in a daily journal or log.
Emotional distress damages are also going to be harder to calculate, and this type of injury is not as easily visible as a traumatic injury. This is another type of non-economic damage in a car accident case. Auto accident victims regularly suffer from a range of emotional and psychological traumas, including anxiety, fear, depression, and even post-traumatic stress disorder (PTSD). Generally, the more severe the accident in injuries, the more likely a victim is to sustain emotional and psychological trauma.
Loss of consortium is often a standalone claim brought by a spouse or family member of a person who has been injured or killed due to the actions of somebody else. Loss of consortium is meant to provide compensation to a family member for the loss of the love, affection, companionship, comfort, society, or sexual relations that were provided before the accident occurred. Victims involved in auto accidents have legal rights and our attorneys are here to help. Our law firm has helped recoup what was lost for victims of auto accidents across Eastern Texas.
The most important aspect of securing compensation in the aftermath of a car accident in Texas is determining fault. Regardless of whether or not your case is resolved through a settlement with an insurance carrier or through a civil personal injury lawsuit, fault will need to be determined one way or another.
Texas operates under a fault-based system as opposed to a no-fault system. This means that the at-fault driver is going to be liable for the injury expenses and damages of the other party involved. However, proving liability is not always easy. Injury victims and their attorneys will need to use various types of evidence to back up their claim that the other party should pay for their losses. Some of the evidence that can be used to prove fault in a Texas car accident case includes the following:
In some cases, it may be necessary for a plaintiff’s attorney to employ the assistance of an accident reconstruction expert who can help piece together what happened at the scene.
Even if it is determined that a car accident injury victim is partially responsible for the crash, they still may be able to recover compensation for their losses. Texas operates under a modified comparative negligence system. This means that injury victims can recover compensation if they are less than 51% at fault for the incident. However, if a person is found to be 51% or more at fault, they will be barred from recovering any compensation.
Under the Texas modified comparative negligence system, a person will receive reduced compensation based on their percentage of fault. For example, if a car accident injury victim is awarded $100,000 in compensation, but it is discovered that they were 20% responsible for the incident, they will receive $80,000 instead of the full 100,000 dollars.
To be clear, drinking and driving is incredibly dangerous and a leading cause of traffic accident deaths and injuries in Texas. However, just because somebody is impaired at the time a crash occurs does not mean that they are at fault. For example, if a drunk driver is rear-ended by another driver, it is very likely that the intoxication of the first driver had nothing to do with the crash. Unless it can be shown that their impairment somehow caused them to be rear-ended, they will not be liable for any damages. In fact, they may actually recover compensation from the other driver.
That said, it is still very likely that the intoxicated driver will be arrested by a responding police officer if the officer suspects that they are impaired. Even though a drunk driver may not be at fault for a crash, they could still face criminal DUI consequences, including jail time, fines, and a license suspension.
If you or someone you care about has been harmed in a Nacogdoches auto accident or other type of personal injury accident, you may need legal assistance to recover the compensation you deserve. At Mike Love & Associates, LLC, we have the experience you need to get to the bottom of what happened. Our Nacogdoches car accident lawyers will not settle for less than you deserve, which can include: