The moments after a car accident can be overwhelming. Between managing painful injuries, mounting medical bills, and pushy insurance adjusters trying to minimize your claim, the last thing you want to worry about is navigating complex legal procedures to recover compensation.
A car accident is a traumatic event, no matter how minor, and you deserve to take the time you need to process what happened, get the treatment you need for your injuries, and explore the compensation you’re rightfully owed for an accident that wasn’t your fault.
Our McAllen and San Antonio car accident lawyer can be your advocate. We’ll handle every aspect of your claim while you focus on your recovery, from investigating your accident and gathering evidence to negotiating with insurance companies and representing you in court if necessary.
How a Car Accident Attorney Can Help After Your Accident
When you’ve been injured in a crash that wasn’t your fault, your attorney’s primary goal is recovering the compensation you deserve. Here’s how they support you throughout the process.
Explaining Your Rights and the Legal Process
To recover compensation, you must prove another party was negligent, and that their actions caused the accident that led to your injuries and other losses. This means identifying who is responsible — whether another driver, a car manufacturer, or the employer of a professional driver — and gathering evidence to support your claim.
Our accident attorneys offer a free, no-obligation case review so you can see where you stand. We’ll ask you a few questions about your accident, including what happened, the injuries you’ve sustained, and what treatment you’ve had so far so that we can explore whether you have a case. We’ll also explain what happens next and our process for building your claim.
Areas in Greater San Antonio We Serve
Investigating Your Accident and Building Your Car Accident Claim
Once you agree to representation, your car accident lawyer will investigate your crash to determine who is responsible and gather evidence proving their fault. This process can include:
- Obtaining the crash report filed by law enforcement. This document details what happened, the damage and injuries sustained, the contributing factors the police officer cited as causing the accident, and any citations issued, which can help prove negligence.
- Collecting photos and videos of the accident scene, vehicle damage, and your injuries.
- Tracking down and interviewing eyewitnesses who saw the crash.
- Consulting accident reconstruction experts who can show how the accident happened and who is at fault.
- Tapping into our network of expert medical witnesses, who can testify about your injuries, including your recovery and the long-term impact on your life.
- Reviewing medical records that document the severity of your injuries and link them to your accident.
- Gathering evidence of your financial losses, such as medical bills and wage statements.
Identifying All Liable Parties in Your Car Accident
Car accidents can be a simple case of one driver being negligent and injuring an innocent party. Take this example:
You’re driving home. You’re paying attention to the road, not on your phone or otherwise distracted. You’re not over the limit or tailgating another driver. Then, out of nowhere, a speeding driver loses control of their vehicle and crashes into you.
But in most cases, multiple parties might be liable for an accident. A multi-vehicle crash can quickly become complicated if one driver causes the initial impact but other drivers are also negligent, causing a pile-up or several chain-reaction crashes.
Sometimes, third parties can be responsible for a crash even if they’re not involved in the accident directly. And in some cases, you might be partly responsible for your own accident.
Identifying who is liable is an important step in a personal injury claim. If you contributed to your crash, you might still be able to recover compensation, but the amount you receive will be reduced by your percentage of fault.
But often, insurance companies will argue you are to blame — and even twist your statements and the evidence against you — to reduce their liability and get away with offering you less than you deserve.
Liability also affects how much compensation you can receive even if you aren’t at fault. For example, you might be able to hold a driver’s employer accountable if the motorist who caused your crash was on the job when they hit you. If the employer has larger policy limits, you could get a bigger payout. This means you might be better off pursuing compensation from the employer, especially if your losses exceed the policy held by the at-fault driver.
An employer might be responsible if you are hit by a delivery driver who was speeding to meet an unrealistic quota or delivery schedule, or working long hours without taking adequate breaks. You will have to prove this — for example, through retrieving driver logs and employee records — but if you can, you can recover compensation from the employer for creating dangerous conditions or failing to properly supervise their workforce.
An employer can also be negligent if their hiring practices are not up to standard, such as if a trucking company has hired a driver without a valid license or with a dangerous driving record, or it has allowed a driver on the road despite them not being fully qualified or appropriately trained.
Manufacturing defects are another common contributor to accidents. If faulty brakes failed to engage or a tire suddenly blew out because of poor construction, the company that made these parts could be held responsible.
In drunk-driving accidents, Texas dram shop laws allow victims to hold bars and restaurants accountable if they served alcohol to a visibly intoxicated patron who later caused an accident.
Understanding Damages in a Car Accident Claim
A car accident lawyer will also explain the damages — or losses — you are entitled to recover, and work to maximize your recovery.
The compensation you can recover after a car accident falls into two main categories: economic and non-economic damages.
Economic Damages
Economic damages cover your tangible financial losses — items with a fixed value. These damages include the cost of emergency medical treatment, hospital stays, surgeries, medications, and physical therapy. Your attorney will also factor in any future medical expenses you’re likely to incur, working with medical experts to project the long-term cost of your care.
Lost income also falls under economic damages, covering wages you’ve lost while recovering from your injuries and bonuses, commissions, and other benefits you missed out on. If your injuries prevent you from returning to your previous position or force you to take a lower-paying job, you can recover compensation for your reduced earning capacity. Your attorney will work with economic experts to calculate the lifetime impact of your diminished earning potential.
Finally, economic damages include property damage, covering repairs to your vehicle, or the value of a totaled car that needs replacing. You can also claim compensation for any personal property damaged in the crash, from cell phones and laptops to eyeglasses.
Non-Economic Damages
Non-economic damages compensate you for subjective losses that don’t have a clear dollar value. These damages include physical pain and suffering — covering immediate pain caused by your injuries and any chronic pain that persists — and mental anguish, which addresses the emotional impact of your accident. For example, you might experience anxiety, depression, or post-traumatic stress after a serious crash.
Loss of enjoyment of life is another form of non-economic damages you can recover, compensating you for activities and hobbies you can no longer participate in because of your injuries. For example, if you were an avid runner before your accident but can no longer jog because of a leg injury, you deserve compensation for this loss. Similarly, if your injuries prevent you from playing with your children or enjoying family activities, the law recognizes how this can profoundly affect your quality of life.
You can also recover compensation for disfigurement and permanent disability. Visible scarring or loss of limbs can cause severe emotional distress and affect your self-esteem and relationships. If you’re permanently disabled, you may need lifelong assistance with daily activities, significantly affecting your independence and dignity. Your attorney will fight to ensure your compensation reflects these life-altering changes.
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The Role of a Car Accident Lawyer in Managing Communications
One of the most valuable ways a car accident lawyer can help is by managing communications with the parties to your case. The aftermath of an accident can be stressful and emotionally challenging, especially if you are undergoing treatment for your injuries, processing the trauma, feeling anxious about getting back behind the wheel, and worrying about your financial situation because you cannot work and don’t know when you’ll be well enough to return. If you’ve lost a loved one in a car accident, the process can be even more difficult.
A car accident lawyer can reduce the burden by handling all communications with insurance adjusters whose primary goal is to dig for any information they can use against you. An offhand comment that you’re “feeling okay” or that you’re sorry for the accident can be twisted to indicate that your injuries aren’t that severe or imply you had a hand in causing your accident, even if it was another person’s fault.
An attorney will handle all communications for you so you don’t have to worry about being tricked into making a statement that can be used against you. An attorney will also assess each offer and advise whether it will fairly compensate you based on the losses you’ve incurred and are yet to incur. Car accident lawyers are skilled negotiators who understand the tactics and processes insurance companies use, and we will counter offers and build a strong case to get you the fair compensation you deserve.
Why You Need a Car Accident Lawyer in Texas
While you can handle your claim independently, having an experienced attorney significantly increases your chances of receiving fair compensation. Here’s why:
Understanding Texas Laws
Texas has specific laws governing car accident claims that can affect your right to compensation. For example, Texas follows modified comparative negligence rules, meaning you can only recover compensation if you are less than 51% responsible for your accident. Many factors can affect liability, and it can have a massive effect on how much compensation you recover.
For example, if you do not collect critical evidence in time, and you make an off-hand apology to an insurance adjuster because you were in an accident, the opposing side might argue you are partly responsible. If your claim is worth hundreds of thousands of dollars — not uncommon when you have severe or life-changing injuries — being even 10% liable can lose you tens of thousands of dollars you would otherwise be entitled to.
A car accident lawyer will explain how being partly at fault for your accident can affect your settlement, as well as build the strongest possible case to prevent insurance companies from arguing you are more liable for your accident than is the case.
Meeting Critical Deadlines
Every personal injury claim is subject to a deadline called the statute of limitations, which determines how long you have to file a lawsuit. In Texas, you generally have two years from your car accident to take legal action. However, this deadline can vary depending on who you’re suing and the specific circumstances of your case.
Claims against government entities have much shorter deadlines. If you’re injured in an accident involving a city bus or other government vehicle, you must file a formal notice of claim within six months. Some cities impose even shorter deadlines. Missing these deadlines typically bars you from recovering compensation, even if you have strong evidence proving the other party was at fault.
It’s crucial to understand that the statute of limitations is different from insurance company deadlines. Your auto insurance policy likely requires you to report accidents “promptly” or within a “reasonable time.” While this language is vague, waiting too long to notify your insurer could give them grounds to deny your claim entirely. The same applies when filing a claim with the at-fault driver’s insurance — any significant delay could lead them to argue that your injuries weren’t caused by the accident.
Even if you’re well within the two-year deadline, waiting to take legal action can damage your case. Evidence disappears quickly after an accident — skid marks fade, vehicles are repaired, surveillance footage is deleted, and witnesses move away or forget crucial details. Insurance companies also frequently employ delay tactics during negotiations, hoping to run out the clock on your claim. If talks break down close to the deadline, you might not have time to file a lawsuit.
Some accident victims discover their injuries months or even years after a crash, particularly with conditions that can take time to show symptoms. Texas law has limited exceptions that can extend the statute of limitations, but they rarely apply to typical car accidents — and you shouldn’t delay the process hoping that an exception will apply. That’s why it’s vital to seek medical attention after any crash, even if you feel fine — a doctor can identify potential issues before they worsen, and their records create a clear link between the accident and your injuries.
When to Contact a Car Accident Lawyer
You should contact an attorney as soon as possible after your accident. Early intervention allows your lawyer to:
- Preserve crucial evidence before it disappears
- Interview witnesses while their memories are fresh
- Ensure you receive appropriate medical care
- Prevent you from accepting an unfair settlement
- Begin building your case while evidence is readily available.
Most car accident lawyers — including our team at Patino Law Firm — offer free consultations and work on a contingency basis, meaning you only pay legal fees if they win your case. This allows you to explore your options without financial risk and ensures you can access the best legal representation.
If you’ve been injured in a car accident in Texas, don’t wait to seek legal help. An experienced car accident lawyer can evaluate your case, explain your rights, and fight for the compensation you deserve while you concentrate on your recovery.
References
Texas Civil Practice and Remedies Code § 33.001 establishes Texas’s modified comparative fault system, and the fault cap preventing claimants from recovering compensation.
Texas Civil Practice and Remedies Code § 16.003 sets the two-year statute of limitations for personal injury claims in Texas.
The Texas Civil Practice and Remedies Code § 101.101 establishes the six-month deadline for providing formal notice of a tort claim (under which personal injury falls) to a government entity.
