Car accident victims with serious injuries have special considerations.
No one enjoys car accidents. Even with "fender benders" that don't result in any appreciable damage, it's a jarring experience that no one I've ever met has been eager to repeat. However, when serious injuries result, victims have a lot on the line and will need an attorney wo knows how to properly strategize such that these losses are fully addressed.
Below, we'll explain how all of this works. But if you've been seriously hurt, you especially should check out our Comprehensive Guide to Car Accident Law as well.
You'll Have to Work to Prove the Severity of Your Injuries
No one likes losing money, and when insurance policies are on the line -- some of them very large -- companies will fight and fight hard to protect them. They'll deny insurance claims and work overtime attempting to make accident victims look like deviants who aren't deserving of the compensation they're seeking.
Moreover, Texas law always places the burden on the injured party to prove the severity of their injuries. As such, if you have serious or complex injuries, you'll have quite a bit that must be proved to a jury. Any failure to do so means that you won't get full compensation. Sometimes this means having experts come in who will testify on your behalf. These are known as expert witnesses, called that because they're considered experts in their field. In the case of a car accident, this could mean a doctor or a chiropractor. Know that this is very common, and happens in many car accident cases.
With major injuries, the other driver's insurance might not be enough.
In Texas, drivers must have insurance. Here, "must" is used only in the legal and moral sense, and not in reality. Far too many people get out on the road without any insurance at all. Further, those who do have insurance often only have the bare minimum of $30,000. With major accidents, that's not going to cover the medical bills, lost wages, future treatments, and pain and suffering that you've endured. After all, we've seen "simple" back procedures cost $15,000, much less major medical and rehab costs. If the damage is bad enough, expenses can easily stretch into the hundreds of thousands of dollars.
Additionally, we've had far too many cases where our clients needed money for care they weren't even aware they'd need. We employ "life care planners," doctors with experience in mapping out what our clients will have to spend over the course of their remaining life. It's not uncommon for plans such as this to stretch into the millions of dollars.
Bottom line? It's time to hire an attorney who can look elsewhere -- and look hard -- for money for your injuries.
Additional sources of potential compensation for car accident victims with serious injuries.
Having been in this line of work for 25 years, we've learned that the law can empower victims with your kinds of injuries to recover compensation from other parties. But who? Are we just going after whoever has deep pockets? No. Rather, we pursue claims against those whom the law considers had a hand in your accident.
- Employers. When drivers are "on the clock," their employers are vicariously liable for their actions. This legal doctrine has been around for over a hundred years, and it prevents employers from hiding behind their own employees' bad acts even though the employee was furthering their employer's business.
- Bars. Under Texas's Dram Shop Act, bars and restaurants that over-serve patrons alcohol can be liable when those patrons later cause accidents. We've represented more victims in these cases than any other law firm in Texas of which we're aware, and the compensation can be enormous. If the person who caused your accident was intoxicated, we need to investigate the case to see if there was a bar involved or not.
- Other drivers. The police do a great job at protecting us, but sometimes they miss things at accident scenes. They might believe that it was Driver A who caused the accident, but completely miss the fact that Driver B also contributed to the incident. These third party claims can prove highly beneficial.
- Products manufacturers. Many might not know this, but in certain circumstances, the companies that make and distribute products can be held liable when their products are faulty and cause others harm. This applies to cars as well. So, if serious injuries occurred, it warrants looking into how well a car's safety features functioning in the accident. We've sued many auto manufacturers under this products liability theory to great success.
So, how do we determine whom we might sue in addition to the other driver? That all depends on the results of our investigation. We might find that, sadly, there's no one else who should be held responsible. We do not believe in the "sue 'em all, let the court figure it out" mentality, but only file claims against those who did something wrong. Nonetheless, we often find that serious accidents are the fault of more than one person.
You need a thorough attorney on your side. Call us today.
If you're seriously injured, it's time you reach out to us. The evidence from your car accident is disappearing by the day, and we need to go get it. Don't forget: you've got nothing to lose by hiring us. We don't charge you a nickel upfront, we don't bill by the hour, and we only get paid when we recover money for you. Please call (855) 326-0000 now.
Related Articles for Further Reading:
- How Do Car Accident Investigations Work?
- Holding People Accountable for Driving Under the Influence
- How Much Does a Car Accident Attorney Cost?