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Arcola Car Accident Lawyer

If a negligent motorist caused an accident that led to injury, property damage, or the death of a loved one, Texas laws permit you to seek settlement for various losses. Our Arcola auto accident lawyers are here to help, and regardless of how complex your case is, we’ll see to it that you file and pursue fair and speedy compensation and damages claim.

We will achieve this by:

  • Explaining your legal rights and options to you so that you avoid being exploited by the negligent party or their insurer
  • Collecting evidence on your behalf
  • Determining and proving fault
  • Holding aggressive negotiations with all responsible insurers
  • Litigation and courtroom representation when needed

What Are Your Legal Options After an Arcola Auto Accident?

If an accident causes you damage or physical or emotional injury, you should not shy away from seeking settlement for all losses and costs that you have had to sustain as a result of the accident. What is required for a successful claim, however, is that you have sufficient evidence to prove the fault of the responsible motorist.

To prove fault or liability, you’ll have to ascertain that the responsible party breached the duty of care that he or she owes you. You’ll also need to substantiate that from that breach, an accident occurred, and as a result, you suffered personal injuries, property damage, or the death of a  loved one.

Your legal options include:

  • Filing a claim against the at-fault driver
  • Filing a claim against the insurer of the responsible driver
  • Filing a punitive damages claim against the responsible driver if the accident occurred due to gross negligence or out of a willful, malicious act
  • Filing an insurance claim against your auto/ PIP insurance
  • Filing an underinsured claim against your insurer if the at-fault driver’s insurance is not enough to compensate you fully
  • Filing an uninsured claim against the at-fault motorist in the case of a hit and run accident

Knowing whom to seek compensation from can be quite confusing. However, you need not worry since we have years of expertise in filing and following through with a wide range of claim types and we will evaluate your case to identify the best course of action for you and to file for the maximum settlement allowed under the rule of the law.

Other tasks that our lawyers will perform for you include:

  • Helping you get the right medical attention
  • Filing insurance claims for you
  • Drafting a demand letter
  • Collecting evidence
  • Speaking with law enforcement, medical, legal, and insurance agencies

Common Causes of Accidents in Arcola

Most Arcola car accidents are caused by negligence. Negligence is punishable by the law, especially when it leads to the suffering of innocent victims. You can seek compensation for a crash that results from acts of negligence, including:

  • Drowsy driving
  • Driver fatigue
  • Drunk driving
  • Driving on the wrong road lane
  • Distracted driving
  • Vehicle defects
  • Speeding
  • Running through stop signs or red lights
  • Driving despite harsh weather conditions
  • Failure to yield the right of way

Car Accident Insurance Compensation

It might be tempting to accept an insurance offer as soon as an accident happens. You might also feel as if you do not need expert representation as you may be somewhat able to handle negotiations with insurers on your own. Doing this, however, is highly inadvisable.

Insurance companies are in the business of making money and employ insurance adjusters to mitigate their liability. You will likely, at best, be offered a settlement amount that barely covers medical bills or personal injury losses. Even if an insurance offer seems adequate, avoid signing or accepting one without legal counsel. Our lawyers look at all angles of your case and will make sure to cover all avenues open to you for seeking compensation for damages caused by a negligent third party.

Below is a summary of everything you need to know about an accident claim:

  1. Insurance companies do not have any intention of helping you get full recovery for damages
  2. Be wary of accepting offers made by insurance agents or adjusters
  3. Avoid making recorded statements without your lawyer
  4. Don’t sign anything without your lawyer
  5. Property damage claims are totally different from injury claims
  6. You could receive a settlement for a car accident from your health carrier
  7. A lawsuit may be necessary if the responsible insurance company fails to pay you a fair settlement

Common Auto Accidents Handled by Our Attorneys

Damages Recoverable in an Arcola Car Accident

Below are some of the damages that our lawyers have helped clients seek compensation for:

  • Pain and suffering
  • Disfigurement
  • Medical expenses
  • Scarring
  • Mental anguish
  • Reduced earning capacity
  • Loss of income
  • Loss of consortium
  • Emotional distress
  • Wrongful death
  • Funeral costs
  • A potential loss of inheritance
  • Lost spousal support

Fatal Car Accident Attorneys in Arcola, TX

Based on data provided by the Texas Department of Transportation, a reportable crash happens every 59 minutes, while one person is killed every 2.5 hours or so on Texas roads. These are worrisome stats; drivers should exercise extreme caution while on the road and take care of other road users while following all road and driving laws.

If you have been involved in a car accident that led to the death of a loved one, do not hesitate to file a claim against the negligent driver who caused the fatality. Doing so not only deters such negligence from happening again in the future but can help relieve you from substantial financial difficulty.

Filing a Fatal Accident Claim

Winning a fair settlement after a fatal accident may be derailed by a number of factors, including:

  • Your lack of legal knowledge to file a claim
  • Complicated evidence collection
  • You might be grieving the death of a loved one and not have the time to follow up with a claim
  • Insurance adjusters will try mitigating their liability to reduce your compensation

To keep you safe from extortion by the insurance companies responsible for your case and to get you the compensation you deserve, we provide personalized representation and insurance negotiations by legal experts who are local to Arcola. Part of what we do includes:

  • Explaining your legal actions to you – plus a free case evaluation
  • Gathering evidence to back your claim
  • Proving the fault of the responsible driver
  • Evaluating all possible compensation options
  • Aggressively negotiating with the responsible insurance company
  • Litigating/filing a suit in a court of law

How Much Is a Fatal Accident Claim Worth in Arcola?

As a victim of a negligence-based fatal accident, you are entitled to fair and proportionate financial compensation. Our lawyers will work toward achieving this by:

Evaluating Your Monetary Damages

Our free case evaluation starts by estimating the value of your accumulated monetary losses. According to Texas Survival Statutes, the estate of a deceased individual can file a claim for:

  • Emergency care and hospital bills
  • Prescription drugs
  • Diagnostic tests, medical treatment, and physicians’ charges
  • Purchased medical devices
  • Amounts spent on therapy, visiting a mental health specialist, and so on
  • Transport and out of the pocket expenses of seeking medication
  • Car repair expenses
  • Lost wages
  • Burial expenses
  • Diminished value

Calculating Non-Physical Damages

Your fatal car accident claim should also include pain and suffering costs, as well as other nontangible losses. These include:

  • Loss of enjoyment of life
  • Emotional distress and anxiety
  • Loss of consortium
  • Loss of service
  • Loss of company

There is no constant or multiplier that can be used to calculate non-physical damages, but the compensation you are able to file for will mainly depend on:

  • The extent of the injury
  • Age – Younger individuals qualify for more compensation for fatal injuries
  • The impact an accident had on your relationships and life in general
  • Whether disfigurement or permanent injury resulted from the accident

The Threshold of a “Serious Injury” in Arcola

Accident victims are entitled by Texas law to file for compensation so long as what is known as the “serious injury threshold” is met. This applies when a victim suffers any of the following from an accident:

  • A bone fracture
  • Significant disfigurement
  • Permanent limitation in the functioning of a body organ
  • Significant restriction in the function of a body part
  • Partial or total disability for at least 90 days

Should you suffer any of these conditions, you are entitled to file a third-party claim against the negligent motorist who caused the accident. Unlike your PIP benefits, such claims will allow you to seek compensation for general damages such as emotional distress and pain and suffering.

Are Fatal Accident Damages Taxed in Arcola?

In Texas, not all accident settlements are subject to taxes. Certain damages, however, are taxable. These include pain and suffering damages. Also, federal laws protect people seeking economic damages for their injuries. Thus, victims need not pay taxes for compensation for medical bills or lost wages.

Who Can File a Wrongful Death Claim in Arcola?

If an accident leads to the death of a loved one, you can file a wrongful death claim. However, not all individuals qualify for this. People who are allowed to file a death claim include:

  • Parents of the deceased
  • Adopted or natural children
  • The estate of the deceased
  • Common-law or ceremonial spouses

Get in Touch with Us Today

We offer no-obligation case evaluations; our initial consultation costs you nothing. Our car accident attorneys in Arcola are local to the area and have years of expertise handling accidents, damages, and injury claims. We offer nothing less than the best representation at no up-front cost. Call us now at 713-677-2179.

Frequently Asked Questions

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