Getting involved in a major car accident can leave you feeling unsure and overwhelmed. Not knowing the next steps can cause anxiety and helplessness on top of the physical injuries and trauma resulting from the crash. If you’re seeking compensation owed to you and don’t know where to start, a car accident attorney can provide much-needed legal guidance during such times.
Court Appearance After a Serious Car Accident
It can be a relief to know that you don’t always have to appear in court after a car accident in Texas. An auto accident lawyer can explain the processes you undertake so you don’t have to appear in a courtroom and still obtain the compensation you deserve from damages and injuries.
You may have to deal with a difficult insurance company during these legal proceedings. Most will try to lowball or even invalidate your insurance claim. A seasoned car accident attorney can help you gather evidence to support your claim and obtain the amount you need to cover all your expenses.
Avoiding Court Appearance After a Texas Car Accident
A vehicle collision in Texas can involve life-threatening injuries. With the help of an experienced lawyer, you can file an insurance claim with the negligent driver’s insurer. Your car accident attorney will meet with the insurance company’s adjuster to help validate your claims and provide the necessary documentation and evidence.
During the claims adjustment process, your attorney can negotiate for higher compensation you are rightfully entitled to. This process allows you to obtain the compensation directly from the other party’s insurance company and can be done out of court.
If you have an auto accident lawyer on your side, it is in the best interest of the insurance company to present a high settlement offer. This is because, with a lawyer present, they know you are in a position to file a lawsuit and bring matters to court. To save on litigation costs and protect their bottom line, insurance companies will want to offer you a higher settlement up front and let you hash things out with the negligent driver out of court.
Filing a Personal Injury Lawsuit
Some insurance companies can lowball your claim or downplay your injuries and damages. Some firms may even claim that you’re partly at fault. These strategies are used to reduce your compensation and minimize their expenses.
In such cases, it is best to work with your attorney to file a personal injury lawsuit against the other driver’s insurance company. Another option is to appeal the settlement the firm has provided, but that doesn’t guarantee that you will be awarded a higher compensation.
You are not required to appear in court just because you filed a lawsuit against an auto insurance company. Your lawyer can handle the first steps of that process for you, so you don’t have to walk into a courtroom. Further, many insurance companies will try to settle the lawsuit out of court to avoid further litigation expenses.
Your attorney can handle the negotiations out of court on your behalf. Since you want to avoid a court appearance, your lawyer can ensure that the settlement process goes as smoothly as possible.
Essential Documentation for Claims Processing
To help you present the strongest case, your car accident attorney will provide you with adequate legal guidance. Proper legal advice includes obtaining comprehensive documentation of all your medical treatment and related expenses. Other costs you incur after treatment should also be accounted for and included in your claim.
A record of how your injuries have reduced your quality of life should also be provided to help substantiate the impact of the accident. This accounting should cover all the economic expenditures you have to make related to your injuries and continued recovery. The settlement amount should include all of these costs as just compensation.
How Does The Settlement Procedure Work?
Since most auto accident claims will be processed out of court, you must understand these proceedings.
- File a personal injury claim with the insurance company of the driver at fault. Your auto accident lawyer will help write a demand letter covering all the damages you want to recover, including damages to property, injuries, hospitalization and all related costs and expenses.
- Meet with the insurance claims adjuster with your attorney. The insurance adjuster will review your case and all the documents and evidence you have presented.
- Your lawyer can help you gather more evidence, such as the doctor’s examination and a rendering of the accident scene provided by an accident reconstruction specialist.
- After considering all the evidence, the insurance company can accept your claim at this stage and will make a settlement offer.
- Negotiations with the insurance company will continue, and your attorney can argue for a higher amount.
- Your attorney can proceed with the personal injury lawsuit if the insurer continues to offer an inequitable settlement amount or if their offer doesn’t meet Texas authorities’ injury and economic thresholds.
Understanding the Lawsuit Process
The Texas statute of limitations states that you have two years to file a personal injury lawsuit after getting into a vehicle collision or other car accident. After filing, the driver at fault will be served a copy, thus beginning the defense process.
The other driver can file a counterclaim or other preliminary motions such as a motion to dismiss or a motion for change of venue. The case will move forward unless the judge grants the other driver’s motions.
You will then enter into the discovery phase of the hearings, where both parties provide evidence to support their claims. This phase prevents withholding any information or evidence that may impact the other party’s arguments.
After all the evidence has been presented, the case will continue trial unless a settlement is reached. At this point, the insurance company can offer a settlement, usually at the amount you aim for. During this process, your attorney can help get the case settled out of court with the proper compensation you deserve.
Get Free Consultation with an Experienced Car Accident Attorney
If you want to avoid a court appearance, it’s crucial to retain the expert services of a seasoned auto accident lawyer. The Law Offices of David Kohm can provide you with expert legal guidance to have your case settled out of court and get you the compensation you deserve.
Call the Law Offices of David Kohm at our convenient locations today and get a free consultation.
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