17 September 2019 - Posted by Monsour Law Firm
If you or someone riding with you was hurt because of another driver’s choices, they (or their insurance company) should compensate you for your medical care, time off work, vehicle damage and anything else you went through. This article shares what you need to know to be compensated appropriately.
Always call the police if you’re involved in a car accident, no matter how minor the damage seems. When you get in a wreck, your brain and nervous system are flooded with stress hormones that make it hard for you to adequately assess how you feel. The other driver experiences the same. Even if it seems clear cut, neither of you is able to see as objectively as you normally do.
Watch what you say to the other driver. It’s okay to make sure they’re okay and exchange information, but don’t discuss fault and don’t apologize, even if you think you might be partly to blame. Many personal injury claims have been denied because people tried to be nice and said something the defendant later used against them.
See also Should I File a Police Report After a Longview Car Accident and Immediately After a Car Wreck – First Steps.
After a car wreck, most people just want to get life back to normal. The wreck came out of nowhere. It proved life can violently, drastically change in a heartbeat. Even if you don’t feel great, there’s a temptation to go home and hope everything gets better.
You need to go to the doctor first. Maybe you’re right, and that pain you feel is just a bruise or a sore muscle that will go away in a few days. Or, maybe you have a more serious injury that will get worse if you don’t get treatment.
For personal injury claims, there needs to be medical evidence of an injury. That’s why it’s important to see a doctor as soon as possible after you are able to leave the scene.
Most of the time, if the accident was the other driver’s fault, you’ll be dealing with his or her insurance company when it comes to personal injury claims. To receive a fair settlement, you’ll have to prove the following:
Negligence means the other driver didn’t take reasonable care to make sure he or she was driving safely. Maybe they were texting, speeding, drinking and driving or just not paying attention. If they were negligent, they are also liable, which means responsible for what happened and the cost involved.
If, however, you were the one who caused the wreck, you’ll have to deal with your own insurance company. Personal injury claims are only successful when the other party is at fault.
Compensation is the money plaintiffs receive in personal injury claims cases. You might also hear it referred to as damages.
Personal injury damages include everything related to how you got hurt. You might receive damages to cover the cost of your medical treatment, your lost wages and anything else connected to your physical injury.
Property damages relate to your vehicle and anything else the auto accident destroyed. The other person’s insurance might pay to repair or replace your car and also reimburse you for personal items like a broken laptop or cell phone.
The person who hit you might be really nice, well insured and deeply sorry about what happened. Their insurance adjuster might seem like a nice guy. But the bottom line is, insurance companies don’t want to pay a penny more than they have to on personal injury claims. Really, they’d like to get out of having to pay you anything at all.
That insurance adjuster deals with vehicle accidents all day, every day. It’s their job to look for ways to get out of giving you money.
At Monsour Law Firm, our job is to represent victims so they receive what they deserve. Every wreck is different, so the best way to find out what you should do next is to talk to an expert. Your initial consultation is confidential and free. We’ll talk about your case and what you can do next. If you decide to hire us to represent you, you don’t pay anything unless you receive a settlement.
We can help you deal with insurance companies, get treatment for your personal injury and work toward a brighter future. Schedule your free consultation online today.
Douglas C. Monsour, or Doug Monsour, is a trial lawyer who handles important and significant injury cases in Texas and across the nation. He is one of a handful of trial lawyers who have successfully tried multiple pharmaceutical, medical device, and mass tort product liability cases as the lead lawyer. He also vigorously represents injured oil field workers, victims of 18-wheeler wrecks, industrial accident victims, and those that have been severely burned.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Monsour who has more than 20 years of legal experience as a personal injury attorney.
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