Car accidents devastate lives. Many people suffer serious injuries, can’t work, and face financial losses. The law is on your side when someone causes you to suffer these losses. You can file a claim against their insurance to recover your damages. In some cases, filing a lawsuit becomes necessary. It’s up to you to know your rights. Our legal team is always available to help.

Texas Comparative Negligence Rule for Car Accident Lawsuit in Corpus Christi:

Texas follows a comparative negligence system that allows victims to file a claim for their losses as long as they are not 51% or higher at fault. If you are 50% or less at fault, you can file a claim for your losses. The percentage of fault attributed to you reduces your claim value. You’re barred from filing a claim if you are 51% or more at fault.

When Should You File a Car Accident Lawsuit in Corpus Christi?

Insurance companies may be unfair in providing you with the compensation owed. This is the time to file a lawsuit. This lets the court decide who is at fault and what compensation is owed. Some cases are more likely to need this type of legal action.

Serious injuries:

If you have injuries like the following, you may benefit from filing a lawsuit:

Denied Insurance claim:

File a lawsuit if the insurance company denies your claim. This means the court will determine if you’re owed compensation instead.

Low settlement offer:

Sometimes the insurance company agrees to a much lower level of compensation than you know you deserve. Hire an attorney to file a lawsuit. Don’t just settle.

Disputed liability:

You’re being blamed for an accident unfairly. You may file a lawsuit if you don’t agree with the percentage of fault attributed to your case.

Uninsured/underinsured driver:

In accidents where the driver lacks insurance or enough insurance, you may need to file a lawsuit. That gives you the ability to seek other assets to pay for your losses.

Multiple liable parties:

It’s not uncommon for numerous people, businesses, manufacturers, and others to be partially at fault. That’s confusing. This usually leads to needing a lawsuit.

What Must Be Proved in a Car Accident Lawsuit in Corpus Christi?

A person or business is liable for damages. Damages you suffered if you can prove they are negligent. That means proving each one of the following with evidence.

Duty of care:

The party owed you a duty of care. All drivers promise to follow traffic laws and act in a way that keeps other drivers safe. That’s their duty of care.

Breach of duty:

In some way, the driver breached their duty of care. That means they did something. They put you at risk. Car accidents often are a result of breaking the law. The driver may have been reckless or aggressive.

Causation:

The accident happened because they broke that duty of care. You’ll need to demonstrate this clearly to prove negligence.

Damages:

You suffered losses from the accident. The law requires you to have physical injuries or other financial losses to file a lawsuit.

3 Types of Compensation You Can Get After A Car Accident in Corpus Christi:

File a lawsuit to recover damages owed to you by the other person. The goal of the lawsuit is to make you whole again. To do that, you need to document all of the losses you have. There are three main types.

Economic Damages:

Economic damages include documented losses you sustained as a result of the accident. Examples include:

Non-Economic Damages:

Non-economic damage is subjective. They’re harder to value but very much real losses you’ve suffered. Examples may include:

• Pain and suffering.
• Emotional trauma.
• Loss of quality of life.
• Disfigurement.
• Loss of consortium.

Punitive Damages and Corpus Christi:

In rare cases, you may be awarded punitive damages. These aren’t meant to compensate you. They act as a punishment for the driver. They are only available in situations where drivers engage in egregious, malicious, or intentional acts causing your losses.

7 Steps to Filing a Car Accident Lawsuit in Corpus Christi:

A car accident lawyer in Corpus Christi can help you with this process. Here’s an overview of what happens when you need to file a car accident claim.

Step 1: Look For Medical Attention:

Call 911 after an accident. Let the police document what happened. You need to get medical care at the hospital or urgent care. That helps document your injuries.

Step 2: Consult Texas Personal Injury Attorney:

Call our attorney right away. Don’t hesitate to get the legal help you need. We offer free consultations to give you valuable insight. Use that to find out what your case is worth.

Step 3: Investigate and Gather Evidence:

Your attorney will gather evidence after the accident. You can take photos, record your medical appointments, and document your time off as evidence as well.

Step 4: Complaint Filing:

Most of the time, a claim is filed as a first step. Negotiations happen and, ultimately, victims receive compensation.

Step 5: Pre-Trial Process:

Insurance companies aren’t always willing to settle your claim. If they refuse, you’ll file a lawsuit against them in a court of law. This triggers a discovery process.

Step 6: Negotiation and Settlement:

Your attorney will negotiate with the insurance company to try to reach a settlement. Most of the time, the discovery process makes it clear they should settle. That means your case ends and you get the money owed to you.

Step 7: Go to Trial (If Needed):

Most car accidents don’t go to trial. If an agreement isn’t reached, the next step is to go to court. A judge then decides if you should receive compensation.

Injured in a Car Accident? Contact an Experienced Car Accident Lawyer in Corpus Christi:

Work with an attorney to handle your case. When you contact us, we make sure you receive fair compensation and treatment. Let us represent you throughout the legal process.