The odds of winning your car accident case in Texas have everything to do with the facts involved and with the strength of your case – and have very little to do with related statistics. That said, however, it can be helpful to better understand the statistics and what you’re up against. If another driver does leave you injured in a car accident, the most important matter of business (after seeking the medical attention that you need) is consulting with an experienced Texas car crash lawyers from the outset.
What’s In This Guide
- What Are the Car Accident Lawsuit Statistics?
- The Elements of Your Car Accident Claim
- The Other Driver’s Negligence
- Your Physical, Financial, and Emotional Losses
What Are the Car Accident Lawsuit Statistics?
Although direct statistics related to car accident lawsuits are few and far between, the U.S. Department of Justice (DOJ) did compile an exhaustive report demonstrating that personal injury lawsuits related to car accidents make up more than half of all personal injury lawsuits. The Law Dictionary further explains that only about 4 to 5 percent of all personal injury claims ever make it to court. In other words, car accident lawsuits are common, but most are ultimately settled out of court, and the odds of winning – or coming away with compensation that adequately addresses your physical, financial, and emotional losses – is far better when you have professional legal counsel on your side.
The Elements of Your Car Accident Claim
Whether your car accident claim will prevail – with a fair settlement or court award – or not begins with the elements of your claim, which must include all the following:
- The at-fault driver owed you a duty of care to begin with. This is predetermined because, when we take to the road in our vehicles, we accept a responsibility to everyone else on it. This means that you can count on the other driver owing you a duty of care – just as you owe him or her a duty of care.
- The at-fault driver breached that duty of care. This means that the other driver was negligent in some way (and we’ll address driver negligence in the next section). The basics when it comes to driver negligence is that the driver was doing something other than driving safely.
- The at-fault driver’s negligence caused the accident in question. For example, if a drunk driver barrels through a stop sign and T-bones your car in the process, that driver’s negligence can be said to have caused the injury-causing accident in question.
- You suffered losses that the law addresses (as legal damages). These categories of loss are outlined below.
If each of these elements is present in your situation, moving forward with a car accident claim is well advised.
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The Other Driver’s Negligence
Driver negligence can take nearly any form, but some of those most common to car accident claims include:
- Distraction – Texting is the most dangerous distraction out there.
- Impairment – Drunk drivers experience a range of dangerous impairments that leave them unfit to drive.
- Exhaustion – Drowsy driving is becoming a more significant problem on our roadways.
- Aggression – Aggressive drivers purposefully engage in multiple dangerous driving practices at any given time.
- Excess Speed – Speed is a double-edged sword. The faster the motorist’s speed, the less time there is for him or her to react safely to any dangers that arise and the more likely that any ensuing accidents will be deadly.
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The other driver’s fault in your car accident claim will be established with the available evidence, including:
- Eyewitness testimony
- The police report
- Related expert testimony
- Accident reconstruction techniques
Your seasoned car accident attorney will gather all the relevant evidence in compiling your strongest claim, and the stronger your claim, the better positioned you’ll be to win your case, which translates to obtaining a fair settlement or court award.
Your Physical, Financial, and Emotional Losses
In addition to property damage to your vehicle, your car accident claim will address the losses you experience (as allowed by law). The more clear, precise, and accurate your claim – in relation to these losses – the more likely you are to receive just compensation. Consider the primary categories of loss covered by the law.
Your Medical Bills
The medical bills you face after being injured in a car accident may strike you as never ending, and if your injuries are serious, you can expect your medical expenses to be high. Consider the following common costs:
- Emergency treatment and transportation
- Surgery and follow-up care
- Treatment and care in the hospital
- Medical treatments, supplies, tests, and procedures
- Care from doctors and medical specialists
- Physical therapy
- Occupational therapy
- Prescription medications
- Chiropractic care and other forms of holistic health care
- Pain management
- Home health care
- Mobility aids and other forms of adaptive physical devices
Your Lost Wages
The healing process can be long and difficult, and along the way, you can expect to experience a decrease in earnings. If your earning potential is damaged or the trajectory of your career is altered, you will be facing more considerable financial losses. There can also, however, be a strong emotional component – due to the significance our jobs hold in our lives.
Your Pain and Suffering
A very real and very important aspect of your claim is the physical and emotional pain and suffering that you were forced to endure in a car accident that was caused by someone else’s carelessness. The psychological effects of this category of loss can be immense and shouldn’t be downplayed.
Speak to an Experienced Texas Car Accident Attorney Today
You’ve been injured by another driver’s negligence, and protecting your claim is paramount. While it’s unlikely that your claim will go to trial, the savvy Texas car accident attorneys at The Patel Firm are well prepared for every eventuality and are committed to tirelessly advocating for your claim’s best possible outcome. To learn more about what we can do to help you please don’t put off contacting or calling us at 361-400-2036 today.