Texas Drivers: Strategies for Winning a Car Accident Lawsuit
Being involved in an automobile accident is never easy. But if you’ve been injured in a car crash and decide to pursue legal action, it’s important to understand the strategies that can help you win a car accident lawsuit.
When filing a car accident claim, there are several things you should do right away to maximize your chances of success. First, contact a qualified attorney who has experience in personal injury law and understands the complexities of Texas laws and regulations. A skilled attorney will be able to advise you on how best to proceed with your case.
It is important to speak with a lawyer prior to giving a recorded statement to the insurance company. One of the responsibilities of an insurance adjuster is to negotiate the claim for as little as possible. An attorney can help you share the facts of the case without oversharing. It is important to be honest and factual, but it is advised not to ramble or describe the situation in an unfavorable way that may undervalue your claim.
It’s also important to get all the necessary documents together as soon as possible. This includes police reports, medical records, and any other evidence which can support your claims. Your attorney can help guide you through the process of gathering relevant information.
Collect Information After a Car Accident
- Names, addresses, and contact information for all:
- Insurance information
- Vehicle make/model/year of all involved vehicles
- License plate numbers of all involved vehicles
- Date and time of the accident
- Police report or report number
- Medical records
- Accident scene
- Vehicles involved
- Damage to each vehicle
- Tire marks
- Any contributing factors to the accident
- Witness statements (written or recorded)
- Tow truck or salvage information
If there were witnesses present at the scene of the accident, it’s also important to gather their contact information and statements as soon as possible. Witnesses can provide valuable testimony that may prove crucial in proving liability in court.
Also, seek out medical attention immediately after the accident occurs. It’s extremely important to get medical attention, which has multiple benefits. First, it is always a good idea to get a medical checkup after a car accident because adrenaline can mask deeper or unknown issues. Second, seeking medical attention right away creates a record of your pain and injuries, even if the full extent of your pain and injuries aren’t yet fully discovered. A foundation is set in your treatment records by seeking help right away, which will help to build the strongest claim possible so that your insurance recovery against the at-fault driver can be maximized and your ultimate compensation can be maximized. It is also important to keep detailed records of all treatment received. This will help to ensure that your medical bills are taken care of and provide additional evidence for your case if needed.
Finally, read over the following and understand that there are critical mistakes you can make that will undervalue or completely ruin your chances of a successful settlement or winning a car accident lawsuit.
Mistakes that Will Hurt Your Case
Not telling the truth
It’s important to always be honest when it comes to a car accident lawsuit. Denying past injuries or accidents can easily be discovered in our computer age, and lying about any aspect of the crash or your injuries can have serious consequences. The jury or insurance adjuster will likely feel more sympathetic to someone they trust, so telling the truth is essential for your case. Lying could ruin your chances of winning the lawsuit.
Making social media posts
Stay off social media to win a car accident lawsuit. Set all accounts to private and refrain from posting any new content. This applies to Facebook, Instagram, Twitter, TikTok, Snapchat, YouTube and LinkedIn. Understand that adjusters and lawyers on the other side will be looking at your social media accounts for evidence that can be used against you, so it’s important to not post anything that could hurt your case or make it seem like you are not as injured as you claim. Additionally, you cannot delete anything you have already posted in an attempt to hide it; doing so will result in severe sanctions.
Signing away your rights
Do not sign any checks, releases, waivers or offers of settlement presented to you by insurance adjusters, defense lawyers or claims adjusting companies that work for insurance companies without first consulting with your lawyer and having them review the documents. These documents may contain language that could forfeit your right to take legal action. Making sure you do not lose your legal right to sue is one of the most important steps in winning a car accident lawsuit.
Not following your doctor’s advice
If you have been injured in a car accident, it is important to listen to your doctor, follow their advice and attend all of your doctor and therapy appointments. Doing so will help ensure your care, recovery, and rehabilitation. Additionally, it will also help you win your car accident lawsuit, as it will deprive adjusters and defense lawyers of a “reason” to argue you are not as hurt as you claim. Gaps of time and big gaps in treatment can also be used against you, so it is important to make every effort to attend all of your appointments. If you do not feel well enough to attend, then make sure to cancel in advance and reschedule as soon as possible.
Not filing on time
If you are involved in a car accident, you must take action within a certain amount of time or else you may lose your right to file a lawsuit. Failing to meet the necessary time requirements can lead to the dismissal of your case, making it impossible to win a car accident lawsuit. Therefore, it is important to familiarize yourself with the time limits for filing a lawsuit in your state and take action as soon as possible.
Being inaccurate on your forms
It is important to be as accurate as possible when submitting any documentation to your insurance company regarding a car accident, such as forms for wage loss, replacement services, out of pocket medical costs, attendant care, mileage and more. This will help to reduce the risk of mistakes being made that could potentially cost you your case. The same applies when providing information to your health insurer and disability carrier. Any forms you submit will be closely examined by defense lawyers, claims adjusters and paralegals during the course of a lawsuit in order to spot any signs of fraud or misrepresentation that can be used against you.
Talking to others
To protect your legal rights and maximize your chances of success in a car accident lawsuit, it is of the utmost importance that you only speak with your personal injury lawyer about your case. Do not discuss the details of your case with anyone else. Do not share with others the confidential information that you and your lawyer have discussed because all communications between you and your legal representative are protected by attorney-client privilege. This privilege will be forfeited if you share any of the information with someone else. Additionally, do not discuss the details of your case with doctors you may be required to visit during the course of your legal proceedings, even if they ask. Keep your conversations with them strictly about your health and recovery. They could be called to testify against you in court. Furthermore, keep in mind that news travels fast; refrain from talking about settlement offers, demands or the amount you are willing to accept as it could get back to insurance companies.
Understanding Strategies for Winning a Lawsuit
By following these strategies, drivers involved in a car accident in Texas can increase their chances of a fair settlement with the insurance company or successfully winning their claim in court if a settlement agreement cannot be reached. For more information on what steps to take following a car, truck or motorcycle accident, or how an experienced legal professional can help you with your case, contact the LeMaster & Ahmed firm today.
Lawyers at LeMaster & Ahmed, PLLC practice personal injury and represent people with accident cases throughout Texas. Their offices are located in the Houston and Dallas areas, and their team is committed to assisting clients in obtaining fair compensation for injuries or losses suffered due to auto accidents caused by another person’s negligence or carelessness.