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Do All Car Accidents Require an Attorney?

According to the most recent statistics from the Texas Department of Transportation (TDOT), in 2018, 3,639 people died in motor vehicle traffic accidents. This adds up to one person killed every 2 hours and 25 minutes.

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    Another 14,908 people sustained a serious injury, which is defined under Texas law as an “incapacitating injury.” This translates into one serious injury every 2 minutes and 7 seconds. Yet 249,241 more suffered some type of injury that was less than incapacitating.

    When You May Not Need an Attorney for your Car Accident Case

    If your car suffered minimal damage, and no one was hurt in either vehicle, you may be able to pursue your claim yourself without an attorney. If anyone was hurt, no matter how minor the injury may seem to be, an attorney will assist you in receiving maximum compensation for your injuries.

    An Attorney is Needed to Prove Fault Which Is Vital to Your Recovery of Damages

    Collecting for your damages is not as simple as filling out a claim form and submitting it to the other driver’s insurance company. Under Texas law, if you were at least 50 percent at fault for the accident, you will not be able to collect any money from the other party for your damages.

    You can be sure that the insurance company of the driver you believe was at fault will pursue an investigation to try and prove you at least were partially at fault for the accident. If not 50 percent at fault, your damages will still be reduced by what the insurance company considers is your percentage of fault. For example, if your damages are $100,000, and the insurance company determines you were 40 percent at fault, your damages will be reduced by 40 percent and you will only collect $60,000.

    An experienced personal injury attorney will know how to prove the other driver was negligent and therefore at fault for the accident.

    An Attorney Will Help Maximum Your Compensation Based on Your Actual Damages

    You especially need an attorney on your side working for you if you were injured severely enough that you missed time off work, may not be able to return to your former employment, needed extensive medical treatment, and may need medical treatment in the future. You are entitled to obtain compensation for:

    • Your current and ongoing medical expenses.
    • Future medical expenses necessary for the injury or injuries you suffered.
    • Your current lost wages.
    • Wages you are expected to lose in the future due to your inability to return to your former employment.
    • Lost earning capacity.
    • Rehabilitation.
    • Job retraining if you are unable to return to your former career.
    • Ongoing medical care if required.
    • Future long-term nursing care costs if your injuries warrant it.
    • Pain and suffering.

    Experts may need to be consulted to explain your injuries and give valid opinions about whether you will need medical care in the future, whether you can return to the job you were doing when you were hurt, what retraining you may need for a different job, and other issues that may be challenged by the insurance company of the at-fault driver.

    The law requires you to file your claim for compensation within a certain time after your accident, so do not wait. For a free consultation, contact us at our AMS Law Group as soon as possible. In order to better serve you, our staff members speak English, Spanish, and Arabic.

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