Those who have suffered an injury as the result of an accident often find themselves asking how they will be able to pay their medical bills. Treatment for injuries associated with car accidents can wrack up costs—even victims who have health insurance might face considerable out-of-pocket expenses. When the injuries resulted from an accident for which someone else is responsible, it is possible that victims are due compensation from the person who caused the accident; and that money can be used to help pay related medical bills.
Texas uses a comparative fault system for car accident liability; so, while filing a first-party claim with your own auto insurance carrier is usually the first step you would take after an accident, followed by filing a second-party claim with the other driver’s insurance carrier, filing a personal injury lawsuit against the at-fault driver—a third-party claim—might be the best course of action to take to recover damages for personal injury.
If you choose to go to court, you will need to prove who is responsible for causing the car accident. While it is possible for you to handle your personal injury claim and legal case on your own, engaging the services of a qualified personal injury attorney can help you receive fair treatment from the other driver’s insurance company in terms of compensation. (Usually insurance companies prefer to settle cases out of court because they often can do so for a lower settlement than what would result once a lawsuit is filed; taking your case to court eliminates the ability to settle, but often results in a greater compensation package.) A skilled attorney will be able to investigate your claim and take steps to prove that the other driver is responsible for your injuries and pain and suffering. A competent attorney will further be able to assist you in protecting your claim for the payment of medical bills, by offering the general guidance of making sure you are seen by a medical professional and follow that doctor’s treatment plan, and keeping clear and detailed records; he will offer more advice that is precisely tailored to your specific case once he has been officially retained.
In the state of Texas, there are car accident compensation laws on the books that can help you recover damages. If you are involved in a car accident and the driver of another vehicle is entirely at fault, that driver will be responsible for providing compensation to you for damages including medical bills, lost income due to physical inability to work or complete loss of your job, and personal pain and suffering; that driver’s auto insurance provider is required to pay the claim. (Note that Texas has a modified comparative fault rule on record that applies to lawsuits related to personal injury claims made in car accident cases. This rule requires a jury to calculate the total monetary amount of damages to you which includes medical costs, lost wages, vehicle damage expenses, and mental anguish, as well as the percentage of fault belonging to you and the other party involved in the accident. According to the modified comparative fault rule, the damages awarded are reduced by a percentage in proportion to your level of fault.)
Reeves Law, PLLC, located in Austin, Texas, handles a variety of legal cases, including personal injury lawsuits. The professionals at Reeves Law are committed to providing personalized attention to every client to ensure the most favorable outcome possible in your case. If you or a loved one has been in a car accident, contact Reeves Law for assistance, including a free consultation.