While significant driving experience diminishes the likelihood of getting into a serious accident, anyone can get into a life-changing car collision. No matter how advanced your driving skills are, you can’t always avoid distracted, careless or reckless drivers.

Whether your injuries are minor or substantial, the prospect of receiving fair compensation for your trauma is front and center for our legal team. Filing a personal injury claim should cover your medical bill, property damages ( any and all damage done to your car), lost wages and more.

Contact our McAllen car accident lawyers at the J.A. Davis & Associates Law Firm (956) 994-0565 today. We improve your shot at winning your personal injury case. Our attorneys have handled hundreds of personal injury cases and have great legal experience. Remember that not all personal injury lawyers are the same; you want legal representation from the best law firm in the Rio Grande Valley to get maximum compensation for your motor vehicle accident.

Dealing with Insurance Companies After A McAllen Car Wreck

After you call or text your loved ones about the accident you were in, your first thought will likely be to contact your insurance company to set the record straight about your accident and file an insurance claim.

While letting your insurance company know about your accident is usually fine, you should avoid revealing too much before speaking with your lawyer. Certainly, avoid speaking with the at-fault party’s insurer.

Insurance adjusters have been known to be extremely manipulative, often recording potentially incriminating statements and using them against victims, which can decrease your ability to recover damages.

That’s why you should retain the services of our McAllen personal injury attorneys immediately. Our lawyers can ensure your words aren’t twisted and used against you and handle the difficult negotiations with the insurance company on your behalf. Tell the insurers to call your lawyer.

The Causes of Car Accidents

While car accidents can happen for various reasons, the cause of a collision often boils down to a driver failing to pay the necessary attention to the road and his or her surroundings ( distracted driving). This can be the result of a variety of negligent driving behaviors, which include the following:

  • Distracted Driving
  • Drowsiness
  • Talking on a Phone or Texting While Driving
  • Reckless Driving
  • Impaired Vision
  • Tailgating
  • Arguments Among Passengers
  • Speeding
  • Inexperience Drivers

Sometimes, factors that aren’t any driver’s fault can cause a crash in McAllen. These may include the following:

  • Adverse weather conditions
  • Defective car parts, including brakes, defective tires
  • Dangerous roads that have not been adequately maintained

A car accident can be attributed to a wide range of these and other potential causes. This can make it more difficult to apportion liability, particularly if multiple parties are at fault.

Comparative Fault and Your Case

While numerous legal concepts will likely pertain to your case, a few are important for you to understand to pursue a personal injury lawsuit.

Texas uses a standard called modified comparative negligence in determining liability in personal injury cases, which can completely eliminate your ability to receive compensation. Should you be found mostly—51 percent or more—liable for your crash, you will not be eligible to receive any damages.

Conversely, if other parties are found primarily responsible for the collision, you will be eligible to receive damages proportionate to their level of fault. For example, if other parties hold 70 percent of the blame for your crash in McAllen, you will be eligible to receive 70 percent of the damages awarded.

Understanding the Statute of Limitations

Generally, Texas has a two-year statute of limitations for personal injury cases. This means that you generally have two years from the date of your accident to sue.

If you file your claim outside this window, you will likely be unable to recover compensation.

A McAllen car wreck lawyer can help explain any additional legal approaches, items, or terms relevant to your case.

How Were You Injured?

It’s vital to document how your severe injuries have affected you since the auto accident, how they currently affect you, and how they are expected to affect you in the future. Your McAllen car crash lawsuit will likely be your only shot to receive compensation.

Some examples of injuries that car accident victims commonly suffer include the following:

  • Contusions, concussions, and other types of TBIs
  • Broken or fractured bones
  • Damage to the spinal cord and vertebrae, which can cause paralysis
  • Face or eye damage
  • Severe burns
  • Amputations and lost limbs
  • Nerve damage
  • Internal bleeding
  • Organ damage

Types Of Compensation

While no laws in Texas limiting the amount of compensation that automobile accident victims can receive, a judge or jury will likely examine several factors when determining the damages you should receive for your accident injuries.

Like almost every other state, Texas allows accident victims to recover economic and non-economic damages. The former refers to recovering compensation for purely financial losses, while the latter refers to losses that affect your life but not necessarily your finances.

The following are some common types of economic losses listed in McAllen car crash claims:

The following are some common types of economic losses listed in McAllen car crash claims:

  • Vehicle replacement or repair
  • Medical expenses, including hospital stays, surgeries, doctor visits, physical therapy, medications, and assistive devices
  • Lost income while you recover or because you can no longer work

Non-economic losses include the following:

  • Emotional traumas like post-traumatic stress disorder (PTS)
  • Reduced quality of life
  • Loss of companionship and consortium
  • Scarring and disfigurement
  • Pain and suffering

Punitive Damages

Punitive damages are awarded by a Judge or Jury if a defendant has acted deliberately or with gross negligence. They are meant to punish the negligent driver and hopefully prevent the defendant from doing it again.

The more severe your damages are, the more likely you are to receive substantial compensation.

McAllen Car Accident FAQ

Below, you’ll find the answers to some questions relevant to many McAllen car crash claims. If you have additional questions, your lawyer will happily answer them.

If your single-car accident in McAllen was due to something that was beyond your control—and the result of someone else’s negligence—you may be able to win compensation through an injury claim. For example, you could hold the manufacturer of a defective car part responsible if that part caused your accident.

Airbag injuries are quite common. If your airbag deployed too fast, failed to deploy, or otherwise injured you, you might be able to seek compensation from the manufacturer for the defective airbag.

Many car accident claims are settled before going to court becomes necessary. Still, if the other side won’t negotiate or make a fair settlement offer, crash victims might have to go to court to get the compensation they deserve.

Not necessarily; many claims are settled before trial.

Work With Our McAllen Car Accident Attorneys

You shouldn’t have to shoulder the financial burden in the aftermath of a crash that wasn’t your fault. To help ensure you get the compensation you deserve, contact an auto accident attorney at J.A. Davis & Associates, LLP today.

During our many years in practice, we’ve been proud to serve over 9,000 clients. With our many years of combined experience, we are confident that we can help you win your car accident claim.

Call us at (956) 994-0565 or complete the online contact form at the bottom of this page for a free, no-obligation case consultation with a McAllen car accident lawyer.