A lawyer handles every aspect of your car accident claim so you can concentrate on your health and recovery. They manage all communication with insurance companies, collect the evidence needed to build a strong case, and calculate the full extent of your damages.
A lawyer protects your rights and manages the legal complexities for you. Ultimately, a personal injury lawyer works to secure a fair car accident settlement that covers your losses.
Key Takeaways for How a Lawyer Helps You After a Car Accident
- An attorney launches an independent investigation into your accident to gather evidence and establish who was at fault.
- Your lawyer identifies and calculates all of your damages, from medical bills and lost income to non-economic losses.
- A personal injury lawyer takes over all communication with insurance adjusters, protecting you from common tactics they use.
- Attorneys prepare and submit a detailed demand package to the insurance company to begin car accident settlement negotiations.
- Your lawyer advises you on the fairness of settlement offers and prepares your case for trial if the insurer refuses to be reasonable.
Investigating the Crash and Gathering Evidence
A successful car accident claim rests upon a foundation of strong evidence. A lawyer knows what to look for and how to get it. They launch a private investigation separate from any law enforcement inquiry to uncover all the facts about your collision.
A Texas car crash attorney’s investigation aims to construct a clear narrative of what happened. Your lawyer methodically pieces together information to show how the other driver’s actions led to the crash. This process of proving fault after a crash forms the core of your claim.
Securing the Official Police Report
Your lawyer starts by obtaining the official police report from the responding law enforcement agency. This document contains key initial findings from the officer at the scene. It often includes a diagram of the accident, identifies involved parties and witnesses, and may contain the officer's initial assessment of fault.
While it’s not the final word, the police report provides a crucial starting point. An attorney reviews this report for accuracy and to identify further investigative avenues.
Identifying and Interviewing Witnesses
Witness statements add a powerful, independent perspective to your car accident claim. People who saw the crash usually have no stake in the outcome, and their accounts carry weight with insurance companies.
Your Texas car accident lawyer contacts any witnesses listed in the police report for a detailed interview. Sometimes, their investigation uncovers witnesses the police missed, such as employees or customers of nearby businesses.
Preserving Physical and Digital Evidence
Evidence can disappear quickly after a collision. A lawyer acts promptly to preserve essential items before they get lost or destroyed by sending spoliation letters to the at-fault party and their insurer, demanding they preserve key evidence, such as the vehicle itself or data from its black box.
Lawyers also collect other forms of evidence to support your case, including:
- Photographic Evidence: Your Austin car crash lawyer collects pictures you took at the scene, obtains photos from traffic cameras, and gathers images documenting your injuries and property damage.
- Video Footage: An attorney gathers any dashcam recordings from your vehicle or other witnesses and seeks surveillance video from nearby homes or businesses.
- Physical Items: Your legal team secures damaged parts from the vehicles or other physical objects that played a significant role in the incident.
- Digital Records: Your attorney obtains cell phone records, GPS data, or electronic logs from a commercial truck to help reconstruct the event's timeline.
Calculating the Full Value of Your Damages
You have the right to seek compensation for every loss from the other driver's negligence. These damages fall into two main categories: economic and non-economic. An attorney works with you to document each loss with solid evidence.
A personal injury lawyer can identify all the ways the accident has impacted you financially, physically, and emotionally to build a comprehensive valuation of your claim. Without a thorough accounting, you may accept a car accident settlement that leaves you with future expenses.
Examples of recoverable damages include:
- Current Medical Bills: Your claim may recover all costs for emergency services, hospital stays, doctor visits, diagnostic tests, and prescription medications.
- Future Medical Care: A lawyer seeks compensation for the documented costs of anticipated future surgeries, physical therapy, rehabilitation, and long-term medical needs.
- Lost Wages: You may recover the income you lost from being unable to work during your recovery period, including your regular salary, overtime, and benefits.
- Loss of Earning Capacity: Your claim may include compensation if your injuries prevent you from returning to your former job or reduce your ability to earn an income in the future.
- Property Damage: An attorney can pursue the full cost to repair or replace your vehicle and any other personal property that was damaged in the collision.
While totaling economic losses is straightforward, calculating non-economic damages, like pain and suffering, requires significant experience. Insurers often try to minimize these subjective but very real losses.
A Texas car accident lawyer knows how to present a compelling case for fair compensation for your physical pain, emotional distress, and the overall negative impact on your quality of life.
Communicating With Insurance Companies After a Car Accident in Texas
After an accident, you may feel hounded by phone calls from insurance adjusters. These adjusters work for the insurance company, and their job is to resolve claims for the lowest possible amount. They use specific tactics to achieve this goal, and speaking with them directly can put your car accident claim at risk.
When you hire an attorney, all communication about your case goes through their office, immediately stopping the adjuster's calls to you. They become your shield and voice, managing all interactions with the insurer so you don’t have to.
Managing All Phone Calls and Paperwork
Your lawyer fields all phone calls, answers all questions, and handles all the necessary paperwork for your claim. The sheer volume of forms and requests for information can be confusing. Your attorney manages this flow of information, making certain everything submitted helps and nothing hurts your claim.
Preventing You From Giving a Recorded Statement
An adjuster for the at-fault driver's insurance company will almost always ask you to provide a recorded statement about the accident. Their purpose is to find any small inconsistency or statement they can use against you later to devalue or deny your car accident claim.
Adjusters often ask seemingly innocent but tricky questions designed to get you to admit partial fault or downplay your injuries. You have no legal obligation to comply, and your personal injury lawyer will provide the insurer with all the necessary information, carefully framed to protect your rights.
Submitting a Persuasive Demand Letter
After completing the investigation and calculating damages, your lawyer will draft a formal demand letter. This document is much more than just a request for a certain car accident settlement amount. It's a comprehensive legal argument that lays out your case in a clear, persuasive manner.
The demand package presents a powerful narrative of the crash and your resulting losses, with common components including:
- A Factual Summary: The demand includes a clear description of the accident that explicitly states why the company's insured driver was at fault.
- Liability Analysis: Your lawyer provides a breakdown of the evidence proving the other driver’s negligence, referencing witness statements, the police report, and other findings.
- Damages Documentation: The packet contains an organized compilation of all your medical records, bills, proof of lost wages, and other financial losses.
- Injury Explanation: Your Austin car crash attorney writes a detailed description of your injuries, the pain and suffering you have endured, and the overall impact on your daily life.
- A Specific Demand: The letter concludes with a request for a specific monetary amount to settle the claim, fully justifying the figure with the enclosed evidence.
How a Texas Car Accident Lawyer Lawyer Negotiates a Fair Settlement
Receiving the first settlement offer from an insurance company often feels disappointing. These initial offers are frequently low and don’t reflect the true value of your car accident claim. This is where a lawyer’s negotiation skills become essential during insurance company negotiations.
A personal injury lawyer recognizes a lowball offer and knows how to counter it effectively. Your attorney advocates for you and works to secure a car accident settlement that truly covers your needs. The negotiation phase of your case demonstrates the immense value an attorney provides.
Your attorney uses several key strategies during negotiations, including:
- Responding to Lowball Offers: Your attorney thoroughly analyzes the insurance company's first offer by comparing it to their own comprehensive valuation of your claim. They then draft a detailed response that systematically dismantles the adjuster's arguments for the low amount.
- Demonstrating Your Claim's Strength: Throughout the negotiations, your lawyer continuously reinforces the strengths of your case and the risk the insurance company faces if they fail to offer a fair settlement. They can remind the adjuster that they have the evidence and legal arguments prepared to win at trial.
- Advising You on Your Options: Your attorney provides the information you need to make the final decision. When a new offer comes in, your lawyer will present it with a professional assessment, explaining the pros, cons, and the net amount you would receive.
The vast majority of car accident claims settle out of court. A lawyer who excels in insurance company negotiations maximizes your chances of reaching a successful resolution without needing to go to trial.
If the insurer refuses to make a reasonable offer, your lawyer will discuss filing a lawsuit, empowering you to make a fully informed choice for your future.
FAQ for What Can a Lawyer Do for You After a Car Accident?
How Does a Texas Car Crash Lawyer Prove the Other Driver Was at Fault?
A lawyer proves fault by collecting and analyzing evidence to identify negligent actions. They use the police report, witness statements, photos of the scene, and surveillance video to reconstruct the accident.
What Should I Do if the Insurance Company Contacts Me?
You should politely decline to speak with the other driver's insurance adjuster. You have no obligation to give them a statement. Tell them you’re seeking legal counsel and your attorney will contact them shortly.
Can I Still Recover Compensation if I Was Partially At Fault?
In Texas, you likely can still recover damages if you share some of the fault. The state follows a modified comparative negligence rule, which means you can recover damages as long as you have 50% or less of the blame for the accident. Your final recovery gets reduced by your percentage of fault.
What Can a Lawyer Do for Me After a Car Accident That I Cannot Do Myself?
A lawyer has the legal knowledge and resources to value your claim properly, gather evidence you may not be able to access (such as phone records, witness statements, or traffic footage), and negotiate with insurance companies.
They can hire necessary professionals, manage complex legal procedures, and take your case to court if needed, all extremely difficult tasks for an individual to handle alone while recovering from injuries.
How Long Do I Have To File a Car Accident Claim in Texas?
In Texas, the statute of limitations for a personal injury claim, including a car accident, is generally two years from the accident. It’s best to contact a personal injury lawyer well before this deadline to give them ample time to build a strong case for you.
Waiting too long can jeopardize your ability to pursue compensation.
Focus on Your Recovery. We’ll Handle the Rest.
An experienced attorney provides the structure and direction you need during a confusing time. They pursue the financial recovery necessary to help you rebuild. This action allows you to focus completely on your well-being.
Your focus deserves to be on healing, attending doctors' appointments, and following your treatment plan. At Lorenz & Lorenz, PLLC, we’ll give you the time and space to rebuild your health and life without the added stress of a complex legal battle.
Let us take on the burden of insurance company negotiations, evidence collection, and legal deadlines. If you were in a car accident, contact Lorenz & Lorenz, PLLC for a free consultation at (512) 477-7333.