Automobile accidents can have a profound impact upon an individual’s personal and professional lives. Associated injuries could precipitate pain, mobility issues and emotional suffering that may yield an inability to work followed by significant economic distress. Such mishaps might be further compounded by the victim’s beliefs that the incident was caused by another motorist’s negligent or malfeasant actions.
Following a car accident, it is important to contact an experienced car accident attorney in Dallas, Fort Worth and other North Texas regions in order to maximize your car accident claim.
Insurance Company Disputes
If an accident victim believes that the event in question was caused by another driver’s negligence, then they should begin the process of retaining an attorney in order to properly deal with insurance providers and maximize your claim. Insurance companies have tricks that they use in order to minimize compensation to the injured party. One of the ways they do this in Texas, is by trying to prove that one party was just as responsible for an accident as their client, so that the percentage of fault is almost equal.
With that said, the aim of most insurance companies is to resolve such disputes with expedience and for the least possible amount of money. Therefore, even with credible evidence supporting their claims, the perceived guilty party’s provider might assign the claimant a certain percentage of the blame, which often means said individual will not receive the compensation they were hoping for. When this occurs a car accident attorney can help you to maximize your claim and also show the insurance company that you are serious about recovering monies.
The Letter Of Dispute
Should such circumstances arise, the injured party might choose to respond to the insurance company’s response with a letter of dispute. This document typically contains pertinent information, such as the claimant’s account of the events leading up to and during the accident, the reasons the victim disputes the insurance provider’s contentions and any evidence supporting the injured party’s opinions.
Prior to authoring this document, the disputing party is strongly encouraged to consult with an experienced car accident attorney. Said legal professionals can review the facts surrounding the case and advise the prospective client whether they have a legitimate chance of reversing the company’s initial rulings.
If the reviewing lawyer believes that their client has a worthy complaint, both plaintiff and attorney can develop a strategy to prove the provider’s views were off base. A professional personal injury lawyer will attempt to accomplish said undertaking by performing actions, such as procuring evidence, investigating the accident scene, interviewing witnesses, reviewing reports authored by law enforcement or traffic engineering agencies and obtaining their client’s medical records.
Once the case is presented, the insurance company will offer another review and either uphold their initial stance or put forth another settlement offer. If the option of a new deal is placed on the table, the claimant can decide to either accept or deny the settlement.
Initiating A Civil Suit
Should the insurance provider uphold its initial ruling or if the claimant is not satisfied with the new settlement offer, said party and their attorney might choose to pursue a civil suit against the perceived guilty party.
Similar to insurance claims, the first order of business an adjudicating body needs to execute is assigning fault. A judge or jury will review the facts of the case and assign a certain percentage of fault to all involved parties.
The Modified Comparative Negligence Principle
Texas adheres to a civil mandate known as modified comparative negligence. Under such regulations, a plaintiff is entitled to receive compensation if they are found 50 percent or less to blame. If they are ruled 51 percent or more, they are not entitled to compensation. Moreover, the plaintiff’s total compensation will be reduced by the percentage of guilt they bear. For example, if said party sued for $100,000 and was ruled 25 percent at fault, their compensation would be $75,000.
Success in any car accident claim also requires the plaintiff and their car accident attorney to prove the following issues, the accused committed a negligent act, said irresponsibility or malfeasance precipitated the incident in question, the plaintiff’s injuries were related to the mishap and no other physical problem or preexisting medical condition and that the compensation sought is directly related to said injuries.
If you need a car accident attorney, then you should call our law offices today at any of our convenient locations and get a free consultation.
Arlington (817) 522-4451
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Frisco (972) 725-7681
Grapevine (817) 835-8677
Irving (972) 354-4610
Keller (817) 204-0904
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